Cases Released January 30, 2009

List of Cases from the Supreme Court of Alabama

Medlock v. Safeway Insurance Company of Alabama

Ex parte Citizens Property Insurance Corporation; Petition for Writ of Mandamus (In re: Garnett v. Citizens Property Insurance Corporation, et al.)

Mobile Gas Service Corporation v. Robinson

Ex parte Morgan; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Morgan v. Safeway Insurance Company of Alabama, Inc.)

 

List of Cases from the Alabama Court of Civil Appeals

C.E.W. v. P.J.G.

B.V. v. Macon County Department of Human Resources

Colburn v. Colburn

Barnette d/b/a Warrior Wholesale Homes v. Robertson

Bishop State Community College v. Thomas

Clemons v. State of Alabama

Judge v. Judge

George v. George

Cases Released January 23, 2009

List of Cases from the Alabama Court of Civil Appeals

Ex parte Massey Chevrolet, Inc., Petition for Writ of Mandamus; In re: Aderhold v. Massey Chevrolet, Inc.

LaConsay v. Langley

Ex parte Jefferson County Sheriff’s Department, Petition for Writ of Certiorari; In re: Jefferson County Sheriff’s Department v. Daniels

Dolgencorp, Inc. v. Gibson

 

List of Cases from the Supreme Court of Alabama

Ex parte Quick, Petition for Writ of Certiorari to the Court of Criminal Appeals; In re: State of Alabama v. Quick

Ex parte Hatfield, Petition for Writ of Certiorari to the Court of Criminal Appeals; In re: Hatfield v. State of Alabama

Ex parte Carruth, Petition for Writ of Certiorari to the Court of Criminal Appeals; In re: State of Alabama v. Carruth

Bryan, et al. v. Alabama Power Company

Alabama Supreme Court Announces New Rule for Accrual of Breach of Repair Warranty Claim

In Brown v. General Motors, Case No. 1061660, the Alabama Supreme Court overruled Tittle v. Steel City Oldsmobile GMC Truck, Inc., 544 So.2d 883 (Ala. 1989) and held that a claim for breach of repair warranty accrues at the time a manufacturer breaches its contractual obligation to repair, not at the time of the tender of delivery of the good.  

Alabama Supreme Court Reiterates That Motion for Protective Order is Prerequisite to Mandamus Review of Order Compelling Discovery

In Ex parte The Terminix International Company Limited Partnership, No. 1061247, the Alabama Supreme Court reaffirmed its long-standing requirement that a timely filed motion for a  protective order is a jurisdictional prerequisite to mandamus review of an order compelling discovery. 

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Cases Released on January 16, 2009

From the Alabama Court of Civil Appeals:

Rhodes v. Fulmer

Betty G. Eldridge v. Rebecca Eldridge and Martin Eldridge, in their capacities as co-executors of the estate of Robert L. Eldridge

J.A. v. Etowah County Department of Human Resources

Jesse Earl Long, Jr., and Bettye Long v. City of Athens

Hamilton v. Hamilton

 

From the Alabama Supreme Court:

Ace Title Loan, Inc. v. James Michael Crump and Denise Littleton, as bankruptcy trustee

James E. Laster, Jr., a minor who sues by and through his parents and next friends, James E. Laster, Sr., and Gloria Laster, et al. v. Norfolk Southern Railway Company, Inc., and the Alabama Great Railway Company

MPI Acquisition, LLC d/b/a Manco Power Sports v. Charlene Northcutt et al.

Ex Parte The Terminix International Company Limited Partnership, Inc., Petition for Writ of Mandamus, (In re: George Perry and Twila Perry v. The Terminix Company Limited Partnership, Inc.)

Patricia Ann Hamilton v. Employees’ Retirement System of Alabama et al.

Alabama Department of Public Safety and Mike Coppage, as director of the Alabama Department of Public Safety v. Greg Ogles

Troy Brown v. General Motors Corporation

Ex Parte Wayne Lamar Jenkins Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: State of Alabama v. Wayne Lamar Jenkins)

Lee George v. Alabama Power Company

Ex Parte Bay John Developers II, L.L.C., Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Wayne Dyess at al. v. Bay John Developers II, L.L.C.)

Ex Parte David Wade Russell Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Angela Webster Russell v. David Wade Russell)

Town of Mountainboro v. Treva Griffin and Benny E. Griffin

Bell Carr, Jr., et al. v. International Refining and Manufacturing Company d/b/a IRMCO, et al.

Ex Parte Robert Keyan Wimes Petition for Write of Certiorari to the Court of Criminal Appeals (In re: Robert Keyon Wimes v. State of Alabama)

Ex Parte Hale County Board of Education Petition for Writ of Mandamus (In re: Edgar Lee and Fannie Lee v. Hale County Board of Education et al.)

Ex Parte David G. Morrison, M.D. Petition for Writ of Certiorari to the Court of CIvil Appeals (In re: David G. Morrison, M.D. v. Jerry N. Gurley, M.D., in his capacity as chairman of the Medical Licensure Commission of Alabama)

Ex Parte Gadsden Country Club Petition for Writ of Mandamus (In re: Steven P. Hurst v. Gadsden Country Club et al.)

Marcus Lynn Whitson v. City of Hoover

Ex Parte Laura Wilson Petition for Writ of Certiorari to the Court of Civil Appeals 

Arbitration Award Becomes Appealable Only After Being Entered As a Judgment By The Circuit Court Clerk

In Championcomm.net of Tuscaloosa, Inc. v. Morton, [Ms. 1070488] (Jan. 9, 2009), the Alabama Supreme Court dismissed the appeal of an arbitration award because there was no "final judgment."  Ala. Code 6-6-15 sets out the procedure by which an arbitration award may be appealed, and it states that "the clerk or register shall enter the [arbitration] award as the judgment of the court."  In this case, although the arbitration award was filed with the court, it was never "entered" by the clerk as a judgment.  Therefore, because there was no final judgment which had been entered, the Supreme Cout lacked jurisdiction to hear the appeal, and the appeal was dismissed.

Mandamus Review Not Available For Pre-Trial Ruling On Motion In Limine

Although it was decided in the criminal law context, the case Ex parte King, [Ms. 1071540] (Ala. Jan. 9, 2009), may be instructive in civil cases.  In King,  the Alabama Supreme Court held that mandamus review of a pre-trial ruling on a motion in limine regarding evidence is not approrpiate.  The Court noted that there were no published opinions in Alabama covering this scenario, but, well settled propositions show that such a review is not allowed.  Evidentiary rulings are reviewed to determine whether a trial court exceeded its discretion.  These types of rulings are not approrpiate for mandamus review because  "circumstances involving alleged errors of judgment, or errors in the exercise of judicial discretion, [do] not constitute grounds for invoking supervisory mandamus."  Slip Op. p. 6, quoting Ex parte Nice, 407 So. 2d 874, 882 (Ala. 1981).

Transfer Based On Forum Non Conveniens Not Allowed Where Venue Is Not Proper In Original County

In Ex parte AIG Baker Orange Beach Wharf, [Ms. 1071345] (Ala. Jan. 9, 2009), the Alabama Supreme Court held than an order transferring a case based on forum non conveniens is only proper where venue is proper in the original county.  If venue is improper in the original county, then a transfer based on forum non conveniens is inappropriate, and the case would have to be sent back to the original county, even though venue is not proper there.

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