Cases Released November 25, 2009

From the Alabama Court of Civil Appeals:

Franks, as president of Central Alabama Community College v. Jordan

Watson v. Bowden

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Directory Assistants, Inc.; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Directory Assistants, Inc. v. Cooke, Cameron, Travis and Company, P.C.)

Byrne et al. v. Galliher et al.

Ex parte Infirmary Health System, Inc.; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Pleasure Island Ambulatory Center v. State Health Planning and Development Agency et al.)

Ex parte Cowley; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Cowley v. City of Trussville)

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

Complete List of Cases from the Alabama Supreme Court

Alabama Supreme Court May Revise Question that Eleventh Circuit Certifies for Review

When the Eleventh Circuit Court of Appeals certifies a question to the Alabama Supreme Court, the "’particular phrasing used in the certified question is not to restrict the [Alabama] Supreme Court’s consideration of the problems involved and the issues as the Supreme Court perceives them to be in its analysis of the record certified in this case.’ Blue Cross & Blue Shield of Alabama, Inc. v. Nielsen, 116 F.3d 1406, 1414 (11th Cir. 1997) (quoting Martinez v. Rodriguez, 394 F.2d 156, 159 n.6 (5th Cir. 1968) (citations omitted))."  The Alabama Supreme Court may rephrase a certified question to enable the Court to address the "’basic issue implicated by th[e] question’ and ‘contemplated by the Court of Appeals in its certification.’"  Holcim (US), Inc. v. The Ohio Casualty Insurance Company and Industrial Services of Mobile, Inc., No. 1080233 (Ala. Nov. 13, 2009)(quoting John Deere Co. v. Gamble, 523 So. 2d 95, 99 (Ala. 1988)).

Cases Released November 20, 2009

From the Alabama Court of Civil Appeals:

State of Alabama v. Nguyen et al.

J.F.S. III v. Mobile County Department of Human Resources

C & D Logging v. Mobley

Hutchenson v. Daniel

Powe v. Powe

Scott v. Scott

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Barrett v. Radjabi-Mougadam

Macon County Greyhound Park, Inc., d/b/a Victoryland v. Knowles

Swanstrom, et al. v. Teledyne Continental Motors, Inc., et al.

Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Murphy)

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

Diamond v. Bank of Alabama

Complete List of Cases from the Alabama Supreme Court

Rule 60(b) Used to Review a Costs Award

In Fenison v. Birmingham Spring Service, Inc., [Ms. 2080023, 2080036] (Ala. Civ. App. Nov. 6, 2009), the Court of Civil Appeals held that a costs award could be challenged in the trial court by way of a Rule 60(b) motion, but ultimately held that the trial court exceeded its discretion by granting relief.

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Cases Released November 13, 2009

From the Alabama Court of Civil Appeals:

Y.N. v. Jefferson County Department of Human Resources

Ex parte Hamilton; Petition for Writ of Mandamus (In re: Hamilton v. State Department of Postsecondary Education)

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Smallwood, et al. v. Holiday Development, LLC

Barber v. Cornerstone Community Outreach, Inc.

Holcim (US), Inc. v. The Ohio Casualty Insurance Company

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

Penick v. Most Worshipful Prince Hall Grand Lodge F & A M of Alabama, Inc.

Complete List of Cases from the Alabama Supreme Court

Consolidated Actions Maintain Separate Identities For Determining Finality of Judgment and Time to Appeal

In RJG v. SSW, [Ms. 2080509] (Ala. Civ. App. Aug. 21, 2009), the Court of Civil Appeals dismissed a portion of a father’s appeal in a parental rights action as untimely.  On November 6, 2009, the Court of Civil Appeals issued a new opinion of rehearing again dismissing the appeal, explaining that the appeal was not made timely by the fact that the underlying case was part of an action that had been consolidated.  RJG v. SSW, [Ms. 2080509] (Ala. Civ. App. Nov. 6, 2009).

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Order Which States Only That Marital Property Must Be Divided Equitably Is Not a Final Judgment For Purpose of Appeal

The Court Civil Appeals dismissed the appeal in Sims v. Sims, [Ms. 2070697] (Ala. Civ. App. Nov. 6, 2009), for lack of jurisdiction because it was an appeal of a non-final judgment.  The trial court’s order stated that the marital property must be divided equitably, but did not actually divide the property.  The Court of Civil Appeals held that the order was not final until the marital property was actually divided and, therefore, the appeal was dismissed becuase there was no final judgment.