Juvenile Court Lacked Jurisdiction to End Parental Rights and Order Adoption

The juvenile court terminated a mother’s parental rights, and ordered that her minor child be adopted by another couple. The court lacked subject-matter jurisdiction to do either thing. The Court of Civil Appeals dismissed the mother’s appeal regarding her parental rights; and it ordered the juvenile court to vacate both orders. R.L. v. J.E.R., No. 2100050 (Ala. Civ. App. Mar. 25, 2011).

Continue reading

“Sparse” Workers’ Compensation Order Prevents Mandamus Review

The trial court decided that a nursing-home employee was entitled to workers’ compensation benefits. The court’s order “did not contain detailed findings of fact and conclusions of law,” as required by Ala. Code § 25-5-88. This “sparse” order prevented appellate review. The Court of Civil Appeals denied the employer’s mandamus petition and ordered the trial court to enter an order complying with § 25-5-88. El Reposo Nursing Home Group, Inc., No. 2100113 (Ala. Civ. App. Mar. 25, 2011).

Continue reading

Late Administrative Appeal Dismissed — ARAP 4(a) Could Not Save Appeal

A physician missed administrative and judicial deadlines for appealing a decision of the Alabama State Board of Medical Examiners. On its own motion, the Court of Civil Appeals dismissed his appeal. Brunson v. Ala. State Bd. of Med. Examiners, No. 2090751 (Ala. Civ. App. Mar. 25, 2011).

Continue reading

Alabama Civil Appellate Cases Released March 25, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 25, 2011.

From the Alabama Supreme Court:

Ex parte L & D Transportation and Berry; Petition for Writ of Mandamus (In re: Jones v. L & D Transportation and Berry)

Bernals, Inc. and Adan v. Kessler-Greystone, LLC

Complete List of Cases from the Alabama Supreme Court

From the Alabama Court of Civil Appeals:

Black Creek, Inc. v. Wood

T. C. v. C. E.

Hillcrest, Ltd. v. City of Mobile

Brunson, M. D. v. Alabama State Board of Medical Examiners

Mitchell v. Mitchell

W. R. v. C. R.

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

R. L. v. J. E. R. and S. L. R.

State Department of Human Resources v. Bussman

Ex parte El Reposo Nursing Home Group; Petition for Writ of Mandamus (In re: Patterson v. El Reposo Nursing Home Group, Inc.)

Stone v. Parish

Complete List of Cases from the Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released March 18, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 18, 2011.

From the Alabama Supreme Court:

Folds v. Hilton Cooper Contracting, Inc.

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

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

Ex parte State of Alabama; Petition for Writ of Certiorari (In re: State of Alabama ex rel. W. M. E. v. G. C.)

Ex parte Hayes; Petition for Writ of Certiorari (In re: Vintage Pharmaceuticals v. Hayes)

Complete List of Cases from the Alabama Supreme Court

From the Alabama Court of Civil Appeals:

Leeth v. J & J Properties

Bridges v. Bridges

Kimberly-Clark Corporation v. Alabama Department of Revenue

Complete List of Cases from the Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released March 11, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 11, 2011.

From the Alabama Supreme Court:

Norfolk Southern Railway Company v. Johnson

O’Rear v. B. H.

Jim Parker Building Company, Inc. v. G&S Glass & Supply Company, Inc.

Breland v. Rich and Vision Partners, LLC

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

Complete List of Cases from the Alabama Supreme Court

From the Alabama Court of Civil Appeals:

Maiden v. Federal National Mortgage Association

M. S. M. v. M. W. M.

Clayton v. Clayton

B. L. R. v. N. M. N. III

J. H. v. J. W.

Peterson v. Lucas

Gant v. Azalea City Credit Union

Complete List of Cases from the Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released March 4, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 4, 2011.

From the Alabama Supreme Court:

Simmons v. Ball

Thomas v. Earnest and Hutto

Ex parte Nawas International Travel Service and Khoury; Petition for Writ of Mandamus (In re: Kelley v. Nawas International Travel Service, Inc. and Khoury)

Complete List of Cases from the Alabama Supreme Court

From the Alabama Court of Civil Appeals:

Casey v. Casey

E. G. v. M. P.

B. R. F. v. A. V. F.

Motley v. Motley

Complete List of Cases from the Alabama Court of Civil Appeals