Cases Released March 26, 2010

From the Alabama Court of Civil Appeals:

Ex parte Arlington Properties, Inc.; Petition for Writ of Mandamus (In re: Arlington Properties, Inc. v. Brown)

Walker v. Capstone Building Corporation

K.C.G. v. S.J.R.

Sagamore Insurance Company v. Sudduth

McWane, Inc. v. McClurg

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Dickson et al.; Petition for Writ of Mandamus (In re: Alabama State Employees Association v. Dickson et al.)

Ex parte American Heritage Life Insurance Company; Petition for Writ of Mandamus (In re: Day v. American Heritage Life Insurance Company et al.)

Complete List of Cases from the Alabama Supreme Court

Court Discusses Admissibility of Summary Judgment Affidavits

In summary judgment proceedings, it is well-settled that parties may rely only on evidence that would be admissible at trial.  In Stephens v. First Commercial Bank, No. 1080648 (Ala. March 12, 2010), Stephens argued that he had no obligation to present evidence in opposition to the bank’s summary judgment motion on its claim for breach of a promissory note because the affidavit that the bank offered in support of its motion violated the best evidence rule and the prohibition against hearsay.  The Alabama Supreme Court disagreed and affirmed the summary judgment for the bank. 

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Court Infers Final Judgment on Counterclaim in Ore Tenus Proceeding

Ordinarily, an appellate court lacks jurisdiction if the order from which a party appeals is not a final order.  In Kennedy v. Boles Investment, Inc., No.1080607 (Ala. March 12, 2010), the Alabama Supreme Court found that under the unusual circumstances of that ore tenus proceeding, the Court had jurisdiction over the appeal even though the trial court did not expressly dispose of all of the claims and counterclaims in the order at issue.

 

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Court Discusses Unusual Standards of Review

In two of the opinions that it issued last week, the Alabama Supreme Court discussed standards of review that receive attention less frequently than others.  In Intergraph Corporation et al. v. Bentley Systems Incorporated, Nos. 1080300, 1080405  (Ala. March 12, 2010), the Court described the standard of review that it applies to findings of special masters.  In Archer v. The Estate of Archer, Nos. 1090093, 1090094, 1090096 (Ala. March 12, 2010), the Court outlined the standard of review that it uses when interprets a statute.

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Cases Released March 19, 2010

Cases Released March 12, 2010

From the Alabama Court of Civil Appeals:

Cooking v. City of Montgomery

Ex parte State Department of Human Resources; Petition for Writ of Mandamus (In re: The Matter of R.H.J. and In re: The Matter of S.H.)

Mattes v. Mattes

Brooks v. Franklin Primary Health Center, Inc.

Shaffer v. Walters

Ryder v. Mabry

Roden v. Roden

Williams v. State of Alabama

Mobile County Board of School Commissioners v. Long

Norandal U.S.A., Inc. v. Graben

Payne v. Payne

Deal v. Deal

Black Creek, Inc. v. Wood

E.H.G. v. E.R.G.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Archer v. The estate of Archer

Ex parte Bitel et al.; Petition for Writ of Mandamus (In re: Sanders v. Horton et al.)

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

Purser v. Solid Ground Development, LLC

Ex parte State Personnel Board; Petition for Writ of Mandamus (In re: Gwin et al. v. Nationwide Life Insurance Company et al.)

Ex parte Loube Consulting International, Inc., et al.; Petition for Writ of Mandamus (In re: Partridge Smith, P.C. v. Loube Consulting International, Inc., et al.)

Stephens v. First Commercial Bank

Kennedy v. Boles Investment, Inc.

Intergraph Corporation et al. v. Bentley Systems Incorporated

Complete List of Cases from the Alabama Supreme Court

Stipulated Facts Bring De Novo Review

 Where the circuit court received only arguments on a stipulated factual record, the appeals court gave the circuit court’s judgment “no presumption of correctness,” and so reviewed that judgment under a de novo standard. Ex parte Ala. Dept. of Revenue, No. 1070925 (Ala. Feb. 26, 2010).

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Gaps in Divorce Record Force Reversal

The trial court incorporated a “partial agreement” between the parties into its final divorce judgment. The record on appeal contained no written evidence of that agreement, however, and the trial court had not received evidence on any contested issue. The agreement thus was not valid. And, without evidence, the trial court had no discretion to adjudicate other issues. The Court of Civil Appeals reversed the judgment and ordered the trial court to hold an evidentiary hearing. Willis v. Willis, No. 2080876 (Ala. Civ. App. Feb. 26, 2010)

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Law of the Case Did Not Bar Trial Court From Explaining and Reentering Judgment

 The Court of Civil Appeals, on the first appeal of this case, held that the circuit court had wrongly considered evidence outside the pleadings in granting a motion to dismiss. On remand, the circuit court explained that, in fact, its decision had depended on nothing outside the pleadings. It then reentered its dismissal. The Court of Civil Appeals held that this was sufficient and that, given the trial court’s explanation, the “law of the case” doctrine did not bar a reentry of the original judgment. Drees v. Turner, No. 2080742 (Ala. Civ. App. Feb. 26, 2010).

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Cases Released March 5, 2010

From the Alabama Court of Civil Appeals:

Ex parte Kish; Petition for Writ of Mandamus (In re: Kish v. TruGreen Limited Partnership)

Eaton v. Waldrop

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Noland Health Services, Inc. v. State Health Planning and Dev. Agency

1568 Montgomery Highway, Inc. v. City of Hoover

Lisa Dixon, as administratrix of the estate of Maurine Humphreys v. Hot Shot Express, Inc.

Ex parte Thompson (Petition for Writ of Ceriorari to the Court if Civil Appeals, In re: Thompson v. Richey)

Ex parte Gordon, Dana, Still, Knight & Gilmore, LLC (Petition for Writ of Certiorari to the Court of Civil Appeals, In re: Gordon, Dana, Still, Knight & Gilmore, LLC v. Jefferson County)

List of Decisions Announced by the Alabama Supreme Court