Cases Released March 27, 2009

From the Alabama Court of Civil Appeals:

Mahoney v. Loma Alta Property Owners Association, Inc.

Campton v. Miller

Galloway v. Ozark Striping, Inc.

Allbritton v. Dawkins

Burleson v. Burleson

Shewbart v. Shewbart

McConico v. Correctional Medical Services, Inc.

Johnson v. Metro Land Company, L.L.C.

Complete List of Decisions from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Fairfield Nursing and Rehabilitation Center, L.L.C.; Petition for Writ of Mandamus (In re: Roby v. Fairfield Nursing and Rehabilitation Center, L.L.C.)

Ex parte Clark; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Clark v. Clark)

Gulf State Park Authority et al. v. Gulf Beach Hotel, Inc., et al.

Complete List of Decisions from the Alabama Supreme Court

Representative Could Not Bring Wrongful Death Claim That Was Time-Barred to Decedent

A personal representative could not bring a wrongful death suit where the underlying personal injury claim would have been time-barred to her decedent. The Supreme Court of Alabama affirmed a summary judgment dismissing the representative’s claim. The court also discussed intertwining issues of limitations and conflict of laws. In sum, Alabama’s wrongful death statute could not be used to import the more favorable limitations rules of other states in order to save the representative’s claim. Henderson v. MeadWestvaco Corp., No. 1070522 (Ala. Mar. 20, 2009).

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Void Default Judgment Should Have Been Vacated Under Rule 60(b)(4)


Where a defendant was not served with process, a default judgment entered against her was void for lack of personal jurisdiction. The trial court should have granted her motion to vacate that judgment under Rule 60(b)(4). The Court of Civil Appeals reversed the lower court and ordered the default judgment vacated. Dennis v. Still Waters Residential Ass’n, No. 2071064 (Ala. Civ. App. Mar. 20, 2009).

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Appeal From Non-Final Denial of Hearing Would Not Be Treated As Mandamus Petition

The juvenile court did not adjudicate "all matters in controversy," in a dependency case, by denying the mother’s request for a hearing. That denial therefore was not a final judgment that would support an appeal. Nor did the mother present evidence showing that the lower court had exceeded its discretion in refusing to grant a hearing. The appellate court thus declined to treat the appeal as a petition for mandamus. The mother’s appeal was consequently dismissed. J.W.K. v. Marshall County Dept. of Human Resources, No. 2071195 (Ala. Civ. App. Mar. 20, 2009).

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Cases Released March 20, 2009

From the Alabama Court of Civil Appeals:

J.W.K. v. Marshall County Department of Human Resources

Cleveland v. Cleveland

Dennis v. Still Waters Residential Association, Inc.

Stanford v. Stanford

Wright v. Wright

Complete List of Decisions from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Folsom; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Folsom v. Stagg Run Development, LLC, et al.)

Ex parte City of Montgomery; Petition for Writ of Mandamus (In re: McQuirter v. City of Montgomery)

Henderson v. MeadWestvaco Corporation and CSX Transportation, Inc.

Hollander v. Nichols, et al.

Complete List of Decisions from the Alabama Supreme Court

Cases Released March 13, 2008

From the Alabama Court of Civil Appeals:

S.D.P. v. U.R.S.

Crum et al. v. Johns Manville, Inc., et al.

Parris v. Prison Health Services, Inc.

Belcher v. Belcher

Liberty Mutual Insurance Companies v. Greenway Enterprises, Inc.

Complete List of Decisions from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte City of Dothan; Petition for Writ of Mandamus (In re: City of Dothan v. McCardle)

Complete List of Decisions from the Alabama Supreme Court

Court of Civil Appeals Dismisses Appeals For Lack of Jurisdiction

The duty of the appellate court to dismiss appeals where it does not have jurisdiction is evidenced in three cases from the Court of Civil appeals this week.

In K.S. v. H.S., {Ms. 2071034] (Ala. Civ. App. March 6, 2009), the Court of Civil Appeals dismissed the appeal ex mero motu because the underlying judgment was void. Because a void judgment will not support an appeal, the appeal had to be dismissed.

In W.C.R. v. D.A.L., [Ms. 2071167] (Ala. Civ. App. March 6, 2009), the Court of Civil Appeals, again ex mero motu, dismissed an appeal because the notice of appeal was untimely filed.

Finally, in Hollander v. Barnes, [Ms. 2070627] (Ala. Civ. App. March 6, 2009), the Court of Civil Appeals granted a motion to dismiss appeal where the appeal was not from a "final judgment." Because there was a claim still pending in the trial court, the judgment was not final and would not support an appeal.