Alabama Civil Appellate Cases Released January 28, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on January 28, 2011.

From the Alabama Supreme Court:

Scrushy v. Tucker

Complete List of Cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Morgungenko v. Dewayne’s Paint & Body, LLC

Williams v. Williams

Faellaci v. Faellaci

Dubose v. Dubose

Oden Music, Inc. v. First Baptist Church of East Gadsden

Susan Schein Chrysler Dodge, Inc. v. Rushing, Jr.

P. S. R. v. C. L. P.

Kruse v. City of Birmingham

Freeman v. Freeman

Complete List of Cases from the Alabama Court of Civil Appeals 

Alabama Civil Appellate Cases Released January 21, 2011

Following are the cases released by the Alabama Court of Civil Appeals on January 21, 2011.

From the Alabama Court of Civil Appeals:

P. D. v. S. S.

Ex parte Cowabunga, Inc.; Petition for Writ of Mandamus (In re: Cowabunga Inc., d/b/a Domino’s Pizza v. Short)

D. B. v. K. B.

M. J. C. v. G. R. W.

Price v. Macon County Greyhound Park, Inc.

Reese v. Holston

Campbell et al. v. Taylor et al.

Marsh v. Smith

Marks v. Reston Construction, Inc.

Complete List of Cases from the Alabama Court of Civil Appeals

 

No cases were released by the Alabama Supreme Court.

Appellate Review Foreclosed by Internal Inconsistencies in Judgment

""Effective appellate review is not possible where there is ‘some inconsistency’ in the trial court’s judgment."  The Alabama Supreme Court could not effectively review the judgment in Rothfeder v. Kaufman Gilpin McKenzie Thomas Weiss, P.C., Nos. 1090639, 1090671, 1090723, 1090724 (Ala. Jan. 14, 2011), because it could not decipher from the record what the trial court intended when it entered judgment.  The Court remanded the case to the trial court for clarification.  

Lack of Subject Matter Jurisdiction May Be Raised for First Time On Appeal

On January 14, 2011, the Alabama Supreme Court vacated a $3.2 million wrongful death medical malpractice jury award and dismissed the appeal from the award because the Court found that the defendant had State immunity.  Consequently, both the trial court and the Alabama Supreme Court lacked subject matter jurisdiction over the case.  It did not matter that the defendant did not challenge jurisdiction in the trial court because a party cannot waive a challenge to subject matter jurisdiction.  Health Care Authority for Baptist Health v. Davis, No. 1090084 (Ala. Jan, 14, 2011). 

Alabama Civil Appellate Cases Released January 14, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on January 14, 2011.

From the Alabama Supreme Court:

Surles v. City of Ashville

Health Care Authority for Baptist Health v. Davis

Ex parte Green Tree Financial Corporation; Petition for Writ of Mandamus (In re: Adams v. Green Tree Financial Corporation)

Citizenship Trust et al. v. Keddie-Hill et al.

Rothfeder v. Kaufman Gilpin McKenzie Thomas Weiss, P.C.

Working v. Jefferson County Election Commission

Frye v. Smith

Clayton v. LLB Timber Company, Inc.

Ex parte International Refining and Manufacturing Company; Petition for Writ of Mandamus (In re: Zurich Insurance Company et al. v. International Refining and Manufacturing Company, Inc.)

Oliver v. Shealey

Ex parte Textron, Inc., et al; Petition for Writ of Mandamus (In re: Alabama Boating Centers, Inc., et al. v. Textron, Inc., et al.)

Ex parte Phenix City Board of Education; Petition for Writ of Mandamus (In re: Randolph v. Montee)

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

Complete List of Cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

K.C. v. R.L.P.

Wicks v. Wicks

Y.N. v. Jefferson County Department of Human Resources

Wells v. Wells

McCaughn v. Alabama State Board for Registration of Architects

Complete List of Cases from the Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released January 7, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on January 7, 2011.

From the Alabama Supreme Court:

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

Certain Underwriters at Lloyd’s, London v. Kirkland

Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Martin)

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

Complete List of Cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Mitchell v. Curry

Johnson v. Johnson

Goetsch v. Goetsch

PC & All, Inc. v. Maxie

J.M.H. v. J.L.W.

R.T. v. B.N.H.

Grisham v. Edwards

Gutzmore v. Bartholomew

Jenkins v. Moss

Complete List of Cases from the Alabama Court of Civil Appeals