Cases Released April 30, 2010

Cases Released April 23, 2010

From the Alabama Court of Civil Appeals:

Sullivan & Willis Real Estate, L.L.C. v. Cruce

Moore v. Strickland

Bourgeois v. Hughes

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Knoedler v. Blinco et al.

Volvo Trucks North America, Inc. v. Dolphin Line, Inc.

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

Chestang et al. v. IPSCO Steel, Inc., et al.

Owens-Illinois, Inc. v. Wells

Brannon v. BankTrust, Inc.

Complete List of Cases from the Alabama Supreme Court

Court of Civil Appeals Discusses Rule That Failure to Hold Hearing on Postjudgment Motions Is Reversible Error

In Wicks v. Wicks, released by the Court of Civil Appeals on April 16, 2010, the court discussed the ule that a trial court’s failure to hold a hearing on postjudgment motions constitutes reversible error.  It held that the harmless error exception to that rule was not applicable where the husband alleged the wife’s fraudulent failure to list substantial assets in a divorce settlement agreement.    

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Trial Court’s Oral Rendition of Judgment Insufficient to Dispose of Pending Post-Judgment Motion

In Ex parte Jackson Hospital & Clinic, Inc., released by the Supreme Court of Alabama on April 16, 2010, the court issued a writ of mandamus voiding a trial court order that vacated a summary judgment in favor of petitioners.  Because the summary judgment order had been pending for more than ninety days, the trial court lacked jurisdiction at the time it purported to vacate it and the oral rendition that ocurred within the 90 day period was not sufficient.  

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Order Following Second of Thirteen Trials in Single Action Was Not Final for Appeal

New Acton Coal Mining Company, Inc. v. Woods et al., No. 1081092 (Ala. April 9, 2010), illuminates the procedural distinction, for purposes of appeal, between claims separated for trial under ARCP 42(b) and claims severed for separate trials under ARCP 21.  Pursuant to Rule 42(b), the trial court in Woods ordered thirteen trials of the 26 plaintiffs’ claims against the defendant.  Six plaintiffs moved for a new trial at the conclusion of the second of thirteen trials, arguing that the damages awards in their favor were inadequate.  The Alabama Supreme Court lacked jurisdiction over the plaintiffs’ appeal from the order denying their new trial motion because the plaintiffs did not appeal from a final judgment.       

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Supreme Court Gives Considerable Deference to Trial Court in Ruling on Preliminary Injunction

In Spinks v. Automation Personnel Services, Inc., No. 1081379 (Ala. April 9, 2010), the Alabama Supreme Court summarized the deferential standard of review that it uses in appeals from orders granting or denying a motion for preliminary injunction.  The Court wrote, "'[T]he grant of, or refusal to grant, a preliminary injunction rests largely in the discretion of the trial court and that court’s latitude in this area is considerable; if no abuse of that discretion is shown, its action will not be disturbed on appeal.’  This Court has defined an abuse of discretion as discretion that ‘exceed[s] the bounds of reason, all the circumstances before the lower court being considered.’"  

Appellate Court Will Review Plaintiff’s Challenge to Judgment as a Matter of Law Though Not Raised in New Trial Motion

Reversing its decision in Carter v. Treadway Trucking, Inc., 611 So. 2d 1034 (Ala. 1992), the Alabama Supreme Court held that the plaintiff in Robertson v. Gaddy Electric and Plumbing, LLC, No. 1081351 (Ala. April 9, 2010), did not waive his appeal of the Rule 50 judgment as a matter of law on his wantonness claim by not raising the issue in his new trial motion.  

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Cases Released April 16, 2010

Cases Released April 9, 2010

From the Alabama Court of Civil Appeals:

Howard v. Wood

Honda Manufacturing of Alabama, LLC v. Alford

Mike Brooks Car World, Inc. v. Sudduth

The Baldwin County Planning and Zoning Commission v. Montrose Ecor Rouge, L.L.C.

Guyton v. Hunt

Complete List of Casesfrom the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Spinks v. Automation Personnel Services, Inc.

Robertson v. Gaddy Electric and Plumbing, LLC

New Acton Coal Mining Company, Inc. v. Woods et al.

Tennessee Health Management, Inc. v. Johnson

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

Ex parte Green et al.; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Stokes v. Cottrell et al.)

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

Hughes v. The Mitchell Company, Inc.

Complete List of Cases from the Alabama Supreme Court