Cases Released December 30, 2009

Cases Released December 18, 2009

From the Alabama Court of Civil Appeals:

Montgomery County Board of Education v. Webb

Holden v. Edwards Specialties, Inc.

Birmingham Board of Education v. Hawkins

Drees v. Turner

A.B. v. J.B.

C.D.K.S. v. K.W.K.

Folsom v. Stagg Run Development, LLC, et al.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

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

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

Sears v. McCrory

Kappa Sigma Fraternity, Kappa Nu Chapter v. Price-Williams

Historic Blakeley Foundation, Inc. v. Williams

Woven Treasures, Inc. v. Hudson Capital, L.L.C.

Graves v. Brookwood Health Services, Inc., d/b/a Brookwood Medical Center

Complete List of Cases from the Alabama Supreme Court

Court Reviews Procedure for Appeal from Arbitration Award and Rule 60(b) Order

The Court of Civil Appeals addressed a number of specialized rules of appellate procedure in Tuscaloosa Chevrolet, Inc. v. Guyton, No. 2080590 (Ala.Civ.App. Dec 11, 2009). Tuscaloosa Chevrolet appealed from an order granting Shirley Guyton’s Rule 60(b) motion for relief from a judgment on an arbitration award in favor of the dealership. The Court of Civil Appeals addressed the preliminary procedural issue in the case, explaining that although the Court generally regards an order under Rule 60(b) of the Alabama Rules of Civil Procedure as a non-appealable interlocutory order because additional trial court proceedings are likely, the order for Shirley was final and appealable because it “not only relieved her from [the arbitration] judgment but also rendered a judgment in her favor, which terminated the proceedings in the trial court.”  The Court then addressed the more complex procedure for appeals from arbitration awards.

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Court Grants Motion for Sanctions for Frivolous Appeal

In Walker v. Walden, No. 09-11576 (11th Cir. Nov. 18, 2009), appellants filed a motion in bankruptcy court to recover costs and fees more than 18 months after the court entered judgment for the appellants. The bankruptcy court denied the motion because it was untimely, and the appellants sought relief in the Eleventh Circuit. The appellee moved for costs under Fed. R. App. 38, arguing that the appeal was frivolous. Pursuant to Fed. R. App. 42(b), the appellants then moved to dismiss their appeal voluntarily.

Before dismissing the appeal, the Eleventh Circuit sanctioned the appellants. The Court explained that it does not want to discourage voluntary dismissals, but sometimes sanctions are appropriate when an appellant moves to dismiss after the appellee moves for sanctions. “We cannot condone the use of Rule 42(b) as a tool to avoid the adjudication of a pending Rule 38 motion . . . Appellants in this case have had the benefit of two rulings in the bankruptcy and district courts that have correctly rejected their position. They have persisted to this court for a third attempt.”   

Cases Released December 11, 2009

From the Alabama Court of Civil Appeals:

State Farm Fire & Casualty Company, as subrogee of JC Propellar Service v. Smith

Jones v. Shannon

Ex parte R.W. and D.W.; Petitions for Writ of Mandamus (In re: In the matter of K.L., a minor)

T.E. v. T.H.

T.C. v. C.E.

Hines v. Enis

Alabama Department of Public Safety v. Alston

Logan v. Logan

Tuscaloosa Chevrolet, Inc. v. Guyton

Williams v. Williams

M.D.C. v. K.D.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Banyan Corporation v. Leithead

Complete List of Cases from the Alabama Supreme Court

Party Could Appeal Denied “Motion to Dismiss” Which Sought to Compel Arbitration

 A motion to dismiss — which argued that the plaintiff had to arbitrate its claims — was effectively a motion to compel arbitration. The denial of that motion could be appealed as a matter of right. The Court of Civil Appeals erred by holding that the denied motion to dismiss would not support an appeal. Ex parte Directory Assistants, Inc., No. 1080852 (Ala. Nov. 25, 2009).

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Cases Released December 4, 2009

From the Alabama Court of Civil Appeals:

Wesson v. Wal-Mart Stores East, L.P.

Dunn v. Dunn

Lucky v. Deutsche Bank National Trust Company

Ex parte Wilson; Petition for Writ of Mandamus (In re: Madison County Board of Education v. Wilson)

Enriquez v. Kokomo Properties, LLC

M.H. v. H.N.M.

Giardina v. Giardina

Thompson v. Wachovia Bank, National Association

Central Alabama Community College v. Robinson et al.

Romer v. Romer

Harris v. Tuscaloosa Housing Authority

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Jacksonville State University; Petition for Writ of Mandamus (In re: Whetstone v. Meehan et al.)

Wheeler et al. v. George et al.

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

Ex parte Bank of America, N.A., et al.; Petition for Writ of Mandamus (In re: Wilson v. JPMorgan Chase & Company et al.)

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

Perdido Place Condominium Owners Association, Inc. v. Bella Luna Condominium Owners Association, Inc.

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

Underwood et al. v. Alabama State Board of Education et al.

Johnson v. Brunswick Riverview Club, Inc.

Frazier v. Core Industries, Inc.

Complete List of Cases from the Alabama Supreme Court