Cases Released June 30, 2009

From the Supreme Court of Alabama:

Ex parte Carlisle; Petition for Writ of Mandamus (In re: Carlisle v. Moore)

Collins v. Scenic Homes, Inc., et al.

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

Gilmer v. Crestview Memorial Funeral Home, Inc., et al.

Complete List of Cases from the Supreme Court of Alabama

 

From the Alabama Court of Civil Appeals:

D.P. v. Limestone County Department of Human Resources

Rodgers v. Turberville

B.J.K.A. v. Cleburne County Department of Human Resources

Miller v. Miller’s Landing, L.L.C.

Stenler v. Stenler

Hale v. Kroger Limited Partnership I

Eustace v. Browning

Reed v. Dyas

Miller v. Miller

Redden v. Redden

Dollar General Corporation v. Nelson

Complete List of Cases from the Alabama Court of Civil Appeals

Eleventh Circuit Applies Unusual “Extremely Stringent” Standard of Review

The Eleventh Circuit applies an "extremely stringent" standard to review a new trial order based on a district court’s finding that a jury verdict is against the great weight of the evidence.  Auto-Owners Ins. Co. v. Southeast Floating Docks, Inc. et al., No. 08-14133 (11th Cir. June 16, 2009).  The Court explained that, "this more rigorous standard of review ensures the district court does not simply substitute its own credibility choices and inferences for the reasonable choices and inferences made by the jury."  The Eleventh Circuit applies a more deferential standard when a new trial order is based on jury misconduct "or other prejudicial trial events that ‘contaminate’ the jury’s deliberative process."   

Appeal Dismissed for Lack of Final Judgment

In Hall v. Reynolds, No. 1080408 (Ala. June 19, 2009), the trial court granted a motion for preliminary injunction but did not determine whether the plaintiff was entitled to a permanent injunction. After a bench trial, the trial court entered a "Final Order and Judgment." Defendant filed “what purported to be a postjudgment motion, which the trial court denied on November 11, 2008. On December 22, 2008, Hall filed a notice of appeal to this Court.” The Court dismissed the appeal because it was not from a final judgment that disposed of all of the claims against all of the parties. "’ [I]t is not the title of an order that makes it final; rather, the test of a judgment’s finality is whether it sufficiently ascertains and declares the rights of the parties.’ Ex parte DCH Recr’l Med. Gtr., 572 So. 2d 1162, 1164 (Ala. Civ. App. 1990)(citing McCulloch v. Roberts, 290 Ala. 303, 276 So. 2d 425 (1973)).”

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Constitutional Issue Not Waived Though Designated as Affirmative Defense Rather Than Counterclaim

 

Reviewing an action for declaratory and injunctive relief, the Alabama Supreme Court held that the issue of the constitutionality of appropriations legislation was properly before the Court even though the Governor’s administration should have raised the issue as a counterclaim rather than as an affirmative defense. Rule 8(c) of the Alabama Rules of Civil Procedure allows a court to treat a mistakenly designated affirmative defense as a counterclaim. More importantly, “the constitutionality of § 4 was argued by both sides at the trial-court level, and the trial court definitively ruled on the issue. Moreover, the Riley administration specifically identified the constitutionality of § 4 of H.B. 328 as an issue on appeal, and both sides have argued the merits of that issue to this Court.” Governor Bob Riley v. Joint Fiscal Committee of the Alabama Legislature et al., No. 1080468 (Ala.June 19, 2009).

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Cases Released June 26, 2009

From the Alabama Court of Civil Appeals:

Gooden v. Board of Water and Sewer Commissioners of the City of Mobile d/b/a Mobile Area Water and Sewer System

D.B. v. Coffee County Department of Human Resources

K.W.N. v. H.G.T.

Gordon, Dana, Still, Knight & Gilmore, LLC v. Jefferson County

Stone v. Stone

KGS Steel, Inc. v. McInish

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Sumerlin; Petition for Writ of Mandamus (In re: Williford v. Toole et al.)

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

J.B. v. Lawson State Community College et al.

Smith v. Slack Alost Development Services of Alabama, LLC

Ex parte PinnOak Resources, LLC, et al.; Petition for Writ of Mandamus (In re: Weekley et al. v. U.S. Steel Mining Company et al.)

Assurant, Inc. v. Mitchell

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

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

State Farm Mutual Automobile Insurance Company v. Brown

Hutchins v. Service Corporation International

Complete List of Cases from the Alabama Supreme Court

No Attorney Fees When Collecting on Supersedeas Bond – Court Overturns and Qualifies Precedent

Plaintiffs who successfully defended their judgment on appeal could not recover attorney fees incurred during the appeal when collecting against a supersedeas bond. Centering its discussion on appellate Rule 8, the Supreme Court of Alabama overturned and qualified precedent, and seems to have barred the recovery of appellate attorney fees through supersedeas bonds. Jones v. Regions Bank, No. 1060896 (Ala. Jun. 12, 2009).

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“Good Count / Bad Count” Error Yields New Trial

After being charged on five claims, the jury returned a general verdict for the plaintiff. Two of the claims were not supported by substantial evidence. The verdict was thus flawed under the “good count / bad count” rule. The Supreme Court of Alabama reversed the judgment entered on the verdict, and remanded the case for a new trial on the viable claims. Mobile OB-GYN, P.C. v. Baggett, Nos. 1071020, 1071081 (Ala. Jun. 12, 2009).

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Summary Judgment Denial Not Reviewed By Mandamus Despite Involving Time Bar Against Previously Fictitious Party

A defendant sought mandamus review of the circuit court’s denial of its motion for summary judgment. The motion presented issues of fictitious-party practice and the statute of limitations. Because the trial court had not reached the limitations issue, and because that issue might make the fictitious-party question irrelevant, the defendant had an adequate remedy other than mandamus. The Supreme Court of Alabama thus denied the writ. Ex parte Brian Nelson Excavating, LLC, No. 1071473 (Ala. Jun. 12, 2009).

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Cases Released June 19, 2009

From the Alabama Court of Civil Appeals:

Simmons v. Coosa County Board of Education

Smith v. Smith

Pike v. Reed

M.G. v. Etowah County Department of Human Resources

Trimble v. Trimble

Hatch v. NTW Incorporated d/b/a National Tire and Battery Company

Parker v. Parker

Henning v. Henning

Stone v. Stone

McConico v. Correctional Medical Services, Inc.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Governor Riley and Childree, comptroller of the State of Alabama v. Joint Fiscal Committee of the Alabama Legislature et al.

Hall v. Reynolds et al.

Black v. Comer

Complete List of Cases from the Alabama Supreme Court

Cases Released June 12, 2009

From the Alabama Court of Civil Appeals:

Ross v. Rogers

Smith v. Gaston

Rose v. Safeway Insurance Company of Alabama, Inc.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Supreme Court of Alabama:

Ex parte Brian Nelson Excavating, LLC; Petition for Writ of Mandamus (In re: Prater v. Brian Nelson Excavating, LLC)

Mobile OB-GYN, P.C. v. Baggett

Dolgencorp, Inc. v. Taylor

QORE, Inc., d/b/a QORE Property Sciences v. Bradford Building Company, Inc.

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

Ex parte Greenetrack, Inc.; Petition for Writ of Mandamus (In re: Estano v. Greenetrack, Inc., et al.)

Jones v. Regions Bank

Complete List of Cases from the Alabama Supreme Court