Court Reviews Scope of Law of the Case Doctrine

In its second opinion in the Poole v. Prince litigation, the Alabama Supreme Court reviewed the law of the case doctrine to determine whether its first opinion in this matter was dispositive of the issue before it in the second appeal.  The Court concluded that because the facts on which its first summary judgment opinion was based were different from the facts relevant to the second summary judgment appeal, the law of the case doctrine did not apply.  Poole v. Prince, 1090461 (Ala. Oct. 22, 2010)..   

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Alabama Civil Appellate Cases Released October 22, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 22, 2010.

From the Alabama Supreme Court:

Dale v. Kolb

Poole v. Prince et al.

Hill et al. v. Galliher et al.

Heatherwood Holdings, LLC v. First Commercial Bank

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

Ex parte Baldwin County Planning and Zoning Commission; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Baldwin County Planning and Zoning Commission  v. Montrose Ecor Rouge, L.L.C.)

Complete list of cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

J.F. v. R.J.

M.W. v. C.W.

Polk v. Polk

Harris v. Harris

Fessler v. Miller

Bishop v. Bishop

Dunigan v. Bruning

Franklin v. Catledge

Bill Salter Advertising, Inc. v. City of Atmore

Biz Distribution Company, Inc. v. Crystal Fresh, Inc.

Attorneys Insurance Mutual of Alabama, Inc. v. Alabama Department of Insurance

Complete list of cases from the Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released October 15, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 15, 2010.

 

From the Alabama Supreme Court:

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

State of Alabama ex rel. O’Dell v. Coker

Elliot v. Montgomery

City of Mobile v. Howard

Ex parte Renovations Unlimited, LLC; Petition for Writ of Mandamus (In re: Trehern v. Renovations Unlimited, LLC)

Olshan Foundation Repair Company of Mobile, LP v. Schultz

Complete list of cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Phillips v. National Security Fire & Casualty Company

Andrews v. Central Petroleum, Inc.

Hilgers v. Jefferson County

Alabama Department of Human Resources v. B.V.

Alabama Department of Corrections et al. v. Merritt et al.

Complete list of cases from the Alabama Court of Civil Appeals

Alabama Supreme Court and Court of Civil Appeals to hear oral argument in Birmingham

The Alabama Supreme Court and Court of Civil Appeals are bringing their "road show" to Birmingham.  Both Courts will hear oral arguments in Birmingham, Alabama on Thursday, October 21,  2010 at the Wright Center on the campus of Samford University.  The arguments are scheduled to run from 9:00 a.m. until noon.  The arguments are open to the public and admission is free.  If you have never seen the Court in action, it is worth checking out.

Alabama Civil Appellate Cases Released October 8, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 8, 2010.

From the Alabama Surpeme Court:

Cooner v. Alabama State Bar

Public Building Authority of the City of Huntsville v. St. Paul Fire and Marine Insurance Company

Complete list of cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Clark v. Clark

R.J.N. v. B.D.S.

Johnson v. Lowe’s Home Center, Inc.

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

Complete list of cases from the Alabama Court of Civil Appeals

Alabama Appellate Watch Contributors Win Surety Bond Appeal in the Alabama Supreme Court

Lightfoot attorneys (and alabamaappellatewatch.com’s contributors) Chris King and Nikaa Jordan, along with Carter B. Reid at Watt, Tieder, Hoffar & Fitzgerald, LLP in Washington, DC, represented St. Paul Fire and Marine Insurance Company in an appeal from a summary judgment entered in St. Paul’s favor in a lawsuit brought by the Public Building Authority of the City of Huntsville ("PBA") to enforce the terms of a surety bond that contractors building the Huntsville City Jail had posted.  On October 8, 2010, the Alabama Supreme Court ruled that the  PBA had failed to satisfy the conditions precedent to St. Paul’s obligations under the terms of the $24.36 million bond and released St. Paul from the bond in its entirety.  To read full opinion, please click here.  To read a news article from the opinion, please click here. 

Alabama Civil Appellate Cases Released October 1, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 1, 2010.

From the Alabama Supreme Court:

Maloof v. John Hancock Life Insurance Company

Ex parte Par Pharmaceutical, Inc.; Petition for Writ of Mandamus (In re: State of Alabama v. Par Pharmaceutical, Inc.)

Allen v. The Estate of Juddine

Chorba-Lee Scholarship Fund, Inc., et al. v. Hale, et al.

Walker v. City of Huntsville, et al.

Ex parte Regions Financial Corporation; Petition for Writ of Mandamus (In re: Rice, et al. v. REgional Financial Corporation)

Safeco Insurance Company of America v. Graybar Electric Company, Inc.

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

Jenkins v. Atelier Homes, Inc.

Regions Bank v. Reed

Teer v. Johnston

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

Miller v. Bailey

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

Martin et al. v. Cash Express, Inc., et al.

Complete list of cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Beasley v. Poole

Complete list of cases from the Alabama Court of Civil Appeals