The Alabama Supreme Court applies the de novo standard of review to constitutional challenges to state statute. The Court “approach[es] the question of the constitutionality of a legislative act ‘’with every presumption and intendment in favor of its validity, and seek to sustain rather than strike down the enactment of a coordinate branch of the government.’” The Court will sustain the legislation “’unless it is clear beyond reasonable doubt that it is violative of the fundamental law.’” 1568 Montgomery Highway, Inc. v. City of Hoover, 1070531 (Ala. Sept. 11, 2009).
Monthly Archives: September 2009
Incomplete Appellate Record Defeats Appeal
In Cantrell v. Holland, No. 2080494 (Ala. Civ. App. Sept. 11, 2009), the Alabama Circuit Court of Appeals held that it was without sufficient information to decide the jurisdictional issue that the appellant raised because the record on appeal contained only one pleading. It was the appellant’s responsibility to make certain that the record was complete.
Cases Released September 18, 2009
From the Alabama Court of Civil Appeals:
G.P. v. Houston County Department of Human Resources
DeShazo Crane Company, LLC v. Harris
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Ex parte Shelley; Petition for Writ of Mandamus (In re: Irvin v. Shelley et al.)
Jefferson County Commission et al. v. Edwards et al.
Allen, individually and as commissioner of Alabama Department of Corrections v. Barksdale et al.
Foster v. Hacienda Nirvana, Inc.
Owens v. Hooters Restaurant et al.
Jefferson County Board of Health v. Birmingham Hide & Tallow Company, Inc.
Agreement for an Extension of Time Within Which to File an Answer Does Not Waive Venue Defenses
In Ex parte Movie Gallery, the Alabama Supreme Court rejected the plaintiff’s argument that the defendant had waived its venue defenses where the parties agreed to extend the time for Movie Gallery to file its answer.
Alabama Supreme Court Dismisses State Agencies from Appeal: Trial Court Was Without Jurisdiction Over Them
In State Board of Education v. Mullins, No. 1080007, the Alabama Supreme Court dismissed state agencies from the appeal, noting sovereign immunity rendered the trial court without jurisdiction over them.
Party Waives Res Judicata Argument By Failing to Raise it in the Trial Court
In Crews v. McLing, No. 1071479, released by the Alabama Supreme Court on September 4, 2009, the defendant-appellant’s failure to advance the defense of res judicata in the trial court precluded him from raising it in the appellate court.
Cases Released September 11, 2009
From the Alabama Court of Civil Appeals:
Alabama State Employees Association v. Sanks
Edosomwan v. A.B.C. Daycare and Kindergarten, Inc.
Silbernagel v. Maranatha Baptist Church, Inc.
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Jefferson County Board of Health v. Birmingham Hide & Tallow Company, Inc.
1568 Montgomery Highway, Inc. v. City of Hoover, a municipal corporation
Cases Released September 4, 2009
From the Alabama Court of Civil Appeals:
S.T.W. v. Franklin County Department of Human Resources
Goodyear Tire and Rubber Company, Inc. v. Long
KLW Enterprises, Inc. v. West Alabama Commercial Industries, Inc.
Presley v. B.I.C. Construction, Inc.
Cannon v. Utility Board of the City of Tuskegee
Kilgore Development, Inc. v. Woodland Place, LLC
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
United States of America v. Parvin
State Board of Education et al. v. Mullins et al.
Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Murphy)
Ex parte Hill; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Hill v. State of Alabama)
Ex parte Movie Gallery, Inc.; Petition for Writ of Mandamus (In re: Nixon v. Movie Gallery, Inc.)
Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Fowler)
Another Appeal Dismissed For Failure To Comply With Rules For Appeals From Arbitration Awards
Yet another appeal was dismissed for failure to follow the rules for appealing arbitration awards. In Lindsey v. Deep South Properties, LLC, [Ms. 1080701] (Ala. Aug. 21, 2009), Deep South Properties obtain an arbitration award against Lindsey. Deep South filed a copy of the award with the circuit court and moved the court to enter judgment on the award, which it did. Lindsey then filed a notice of appeal to the Supreme Court. However, under Horton Homes, Inc. v. Shaner, 999 So. 2d 462 (Ala. 2008), and now Ala. R. Civ. P. 71B and 71C, Lindsey was required to file a motion to vacate the award in the trial court within 30 days of the entry of the judgment. The motion to vacate in the trial court is a necessary prerequisite to filing an appeal,and the failure to file the motion prior to the appeal required that the appeal be dismissed.
Party Cannot Amend Complaint After Final Judgment Entered
In Ex parte Progressive Specialty Ins. Co., [Ms. 1080366] (Ala. Aug. 21, 2009), the Alabama Supreme Court issued a writ of mandamus directing the trial court strike an amendment purporting to add new claims and new parties made after final judgment was entered. Once the trial court enters a final judgment, the trial court loses jurisdiction to allow amendments to pleadings: "a trial court has no jurisdiction to entertain a motion to amend a complaint to add new claims or new parties after a final judgment has been entered, unless that ‘judgment is first set aside or vacates’ pursuant to the state’s rules of civil procedure." Slip Op. pp. 9-10, quoting Faith Properties, LLC v. First Commercial Bank, 988 So. 2d 485, 490 (Ala. 2008). Here, there was no post-judgment motion, so the trial court was without jurisdiction to accept any amendments to the pleadings after the judgment was entered.