“No Bright Line” Determines When Mandamus Will Be Treated As Appeal; Late “Enlargement” of Judgment Was Not “Correction” Under Rule 60(a)

The Court of Civil Appeals treated a petition for mandamus as an appeal from the denial of a Rule 60(b)(4) motion for relief from a void order. Weaver v. Weaver, No. 2070778 (Ala. Civ. App. Sept. 26, 2008). Moreover, the trial court’s late attempt to substantively revise its earlier judgment was not a clerical “correction” under Rule 60(a) that could be made after the time for ruling on post-judgment motions had expired.

Continue reading

Cases Released September 26, 2008

From the Alabama Court of Civil Appeals:

Weaver v. Weaver

K.A.P. v. D.P. and C.P.

Montgomery County Department of Human Resources v. C.R. and B.R.

Smith v. Smith

Thompson v. Colsa Corporation

Ravenel v. Burnett

Alabama Department of Public Safety v. Barbour

Leonard v. Cunningham

Verren v. Verren

Bishop State Community College v. Williams

 

From the Supreme Court of Alabama:

Ex parte Surtees, as commissioner of the Alabama Department of Revenue, Petition for Writ of Certiorari to the Court of Civil Appeals; In re: Vulcan Lands, Inc. v. Surtees

Cochran v. Cochran

Cases Released September 19, 2008

From the Alabama Court of Civil Appeals:

Bolden v. Wise Alloys, LLC

Baldwin and Kelly, d/b/a Baldwin Construction Company v. Panetta

 

From the Supreme Court of Alabama:

Ex parte VFJ Ventures, Inc., f/k/a VF Jeanswear, Inc., Petition for Writ of Certiorari to the Court of Civil Appeals; In re: Surtees v. VFJ Ventures, Inc., f/k/a VF Jeanswear, Inc.

Jordan v. Calloway

Ex parte Daniels, Petition for Writ of Certiorari to the Court of Civil Appeals; In re: Daniels v. Daniels

Harris v. Health Care Authority of the City of Huntsville d/b/a Huntsville Hospital

AmerUs Life Insurance Company v. Smith, et al.

Board of Trustees of the University of Alabama v. American Resources Insurance Company, Inc., et al.

J.K. v. UMS-Wright Corporation, et al.

Springhill Hospitals, Inc., d/b/a Springhill Memorial Hospital v. Larrimore

 

Motion to set aside default judgment may be denied by operation of law where motion is not properly supported

In Carroll v. Williams, [Ms. 1060832], (Ala. Sept. 12, 2008), the Alabama Supreme Court held that "[b]ecause Carroll has failed to satisfy his initial burden under Kirtland, we wil not hold the trial court in error for allowing Carroll’s motion to set aside the default judgment to be denied by operation of law without having applied the Kirtland analysis."  Slip Op. p. 10.

Continue reading

Rule 60(b) motion is not a substitute for a Rule 77(d) extension

When a party is not notified of an appealable order, the only way to extend the time to appeal is by a Rule 77(d) extension, not a Rule 60(b) motion.   In Gullett v. Gullett, [Ms. 2070007] (Ala. Civ. App. Sept. 12, 2008), the Court of Civil Appeals dismissed an appeal as untimely where the appellant incorrectly filed a Rule 60(b) motion for relief from judgment instead of seeking a Rule 77(d) extension.

Continue reading