Cases Released May 28, 2010

Cases Released May 21, 2010

From the Alabama Court of Civil Appeals:

Ex parte Hartley; Petition for Writ of Mandamus (In re: Hartley v. Hartley)

Norman v. Norman

Hathcock Roofing & Remodeling Company, Inc. v. Compass Bank

Wilson v. Wilson

A.C. v. C.C.

Universal Debit & Credit Corporation v. LeeBerg, L.L.C.

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

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte State of Alabama et al.; Petition for Writ of Mandamus (In re: Governor Riley et al. v. Cornerstone Community Outreach, Inc., et al.)

Ex parte McInish; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: KGS Steel, Inc. v. McInish)

J.L. Loper Construction Company, Inc., et al. v. Findout Partnership, LLP

Suttles v. Roy

Complete List of Cases from the Alabama Supreme Court

Court Dismisses Appeal from Non-Final Custody Decision

The Court of Civil Appeals was without jurisdiction to review a custody decision in J.M.M. v. J.C., 2090172 (Ala. Civ. App. May 7, 2010), because the trial court had not resolved the issue of child support, making the judgment non-final.  "Generally, an appeal will lie only from a final judgment, and if there is not a final judgment then this court is without jurisdiction to hear the appeal . . . ‘A judgment is not final if it fails to completely adjudicate all issues between the parties.’"  To be final, custody decisions must include a determination of the parties’ child support obligations. 

 

Circuit Courts Must Apply Deferential Standard of Review to Administrative Agency Decisions

When circuit courts review administrative decisions, they must defer to the adminsitrative agency and set aside the agency’s decision only if the decision was not supported by substantial evidence, the agency’s actions were not reasonable, or the agency’s actions were not within its statutory and constitutional powers. Alabama State Personnel Board v. Dueitt, 2080899 (Ala. Civ. App. May 7, 2010).  In Dueitt, the Court of Civil Appeals reversed a circuit court opinion overruling an Alabama State Personnel Board decision because "the circuit court impermissibly reweighed the evidence and substituted its judgment regarding a question of fact for the judgment of the Board.".

 

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Cases Released May 14, 2010

From the Alabama Court of Civil Appeals:

M.T.D. v. Morgan County Department of Human Resources

R.Y. v. C.G.

Berry v. Deutsche Bank National Trust Company

Hancock v. Buckner

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Jefferson County Commission et al. v. Edwards et al.

Ex parte Monroe County Board of Education; Petition for Writ of Mandamus (In re: Al-Sulaibe v. Monroe County Board of Education)

Ex parte Dangerfield et al.; Petition for Writ of Mandamus (In re: Frost et al. v. Dangerfield et al.)

Alexander v. Geico Insurance Companies

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

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

Complete List of Cases from the Alabama Supreme Court

Cases Released May 7, 2010

From the Alabama Court of Civil Appeals:

Wilburn Quarries, LLC, et al. v. State Department of Revenue

J.M.M. v. J.C.

Allen v. Allen

Watkins v. Mitchem et al.

Knight v. Knight

Tucker v. Tucker

Alabama State Personnel Board v. Dueitt

M & J Materials, Inc. v. Isbell

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Birmingham City Board of Education; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Birmingham City Board of Education v. Hawkins)

Ex parte Price; Petition for Writ of Mandamus (In re: Bean v. Price)

N & L Enterprises, LLC v. Lioce Properties, LLP

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

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

Historic Blakeley Foundation, Inc. v. Williams

Wood, M.D., et al. v. Wayman

Complete List of Cases from the Alabama Supreme Court