Cases Released August 28, 2009

From the Alabama Court of Civil Appeals:

M.S. v. Alabama Department of Human Resources

Corwin v. Corwin

Hartley v. Hartley

Wood v. Wood

Grace v. Standard Furniture Manufacturing Company, Inc.

Johnson v. Halagan

Fort James Holding Company, Inc., d/b/a Georgia Pacific v. Morgan

K.W.N. v. S.A.M.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

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

Smith v. Burkhalter et al.

The Water Works and Sewer Board of the City of Birmingham v. Inland Lake Investments, LLC

Brown et al. v. Melton et al.

Shaffer v. Regions Financial Corporation

Cartwright v. Maitland

Complete List of Cases from the Alabama Supreme Court

Cases Released August 21, 2009

From the Alabama Court of Civil Appeals:

R.J.G. v. S.S.W.

Saad et al. v. Saad

Weeks v. Herlong

Hanks v. Spann

Garrie v. Summit Treestands, LLC

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Supreme Court of Alabama:

Ex parte Wallace, Jordan, Ratliff & Brandt, L.L.C., et al.; Petition for Writ of Mandamus (In re: Perkins v. Wallace, Jordan, Ratliff & Brandt, L.L.C., et al.)

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

Lindsey v. Deep South Properties, LLC

Free v. Lasseter

Hunter v. Mooring Tax Asset Group, LLC

Ex parte Progressive Specialty Insurance Company; Petition for Writ of Mandamus (In re: Leatherwood v. Blakeney Company, LLC, et al.)

Ex parte Sellers; Petition for Writ of Mandamus (In re: Sellers v. Hall et al.)

McDermott v. Tabb

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

Brasfield & Gorrie, L.L.C. v. Soho Partners, L.L.C.

Complete List of Cases from the Supreme Court of Alabama

In Discretionary Situations, Mandamus does not Compel Particular Exercise of Discretion

Mandamus is an extraordinary remedy.  When a party directs a petition for mandamus to an order that the trial court entered in exercise of its discretion, the appellate court may compel the exercise of discretion, but it may not compel that exercise in a particular manner.  The appellate court also may correct an abuse of discretion via a mandamus petition.  When the order that the appellate court remands to the trial court is not a final judgment, the trial court may accept additional evidence before exercising its discretion and entering a new order.  Ex parte S.C., No. 2080419  (Ala. Civ. App. Aug. 14, 2009).

Trial Record Must Contain Evidence of Interstate Commerce to Support Arbitration

The Alabama Court of Civil Appeals recently reversed an order compelling arbitration because the trial court record contained no evidence, other than the contract containing the arbitration clause, to prove that the transaction involved interstate commerce.  Accent Realty, Inc. v. Snopl, No. 2080229 (Ala. Civ. App. Aug. 14, 2009).  The contract at issue involved real estate sales in Huntsville, Alabama.  The contract stated that the transactions "involved interstate commerce" and that "the contract(s) entered into by the parties concerning this property evidence [a] transaction involving and affecting commerce."  The Court held that a party moving for arbitration must present evidence supporting its contention that the underlying transaction involves interstate commerce, and the contract, standing by itself, without "evidence by affidavit or otherwise," is not sufficient to meet the movant’s burden of proof.

Post-Judgment Filings Did Not Disturb Finality of Judgment – Appellate Court Had Jurisdiction

The parties filed various motions following the circuit court’s modification of custody. One motion was untimely, and another was more in the nature of a separate proceeding. The court purported to grant one of these motions. None of this rendered the modification order non-final. The Court of Civil Appeals thus possessed appellate jurisdiction. A.M. v. J.S., No. 2071213 (Ala. Civ. App. Aug. 7, 2009).

This case involves a familiar walk through a tangle of dates. Ultimately, the Court of Civil Appeals decided that a flurry of post-judgment filings did not disturb the finality of the challenged judgment, so that it could exercise appellate jurisdiction over the case.

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Lower Court Could Not Refuse to Tax Appellate Costs

The juvenile court could not refuse to order a losing appellee to pay the costs of appeal: The appellate court had ordered, and the governing rule mandated, that the appellee pay those costs when its original judgment was reversed. The Court of Civil Appeals directed the juvenile court to enter an order taxing the costs of appeal against the losing appellee. M.B. v. S.B., No. 2080464 (Ala. Civ. App. Aug. 7, 2009).

This custody modification suit was before the Court of Civil Appeals for a second time. In the previous appeal, the Court of Civil Appeals had reversed a custody modification, and taxed the costs of the appeal against the mother, as the losing appellee. When the case returned to the juvenile court, the appellants (the children’s grandparents) moved to recover the costs of appeal, pursuant to the appellate court’s mandate. The juvenile court denied that motion.

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Cases Released August 14, 2009

From the Alabama Court of Civil Appeals:

Ex parte S.C.; Petition for Writ of Mandamus (In re: S.C. v. C.C.)

Nelms v. Hillside Village Apartments d/b/a Hale Properties, et al.

Felder v. Allen, Commissioner of the Alabama Department of Corrections, et al.

Accent Realty, Inc., d/b/a Century 21 Steele & Associates v. Snopl

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

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

Complete List of Cases from the Alabama Supreme Court