Lightning Fair, Inc. v. Rosenberg makes clear that an order granting or denying a motion to compel arbitration is appealed in the same way as any other final order. In addition, it states the standard by which the Alabama Supreme Court reviews a trial court’s Rule 54(b) certification.
Category Archives: Interlocutory Review
Party Could Appeal Denied “Motion to Dismiss” Which Sought to Compel Arbitration
A motion to dismiss — which argued that the plaintiff had to arbitrate its claims — was effectively a motion to compel arbitration. The denial of that motion could be appealed as a matter of right. The Court of Civil Appeals erred by holding that the denied motion to dismiss would not support an appeal. Ex parte Directory Assistants, Inc., No. 1080852 (Ala. Nov. 25, 2009).
Improper Rule 54(b) Certification Results in Dismissal of Appeal
In Schlarb v. Lee, the Alabama Court of Civil Appeals held that improper Rule 54(b) certification warranted dismissal of this appeal.
Alabama Supreme Court Reiterates That Motion for Protective Order is Prerequisite to Mandamus Review of Order Compelling Discovery
Mandamus Review Not Available For Pre-Trial Ruling On Motion In Limine
Although it was decided in the criminal law context, the case Ex parte King, [Ms. 1071540] (Ala. Jan. 9, 2009), may be instructive in civil cases. In King, the Alabama Supreme Court held that mandamus review of a pre-trial ruling on a motion in limine regarding evidence is not approrpiate. The Court noted that there were no published opinions in Alabama covering this scenario, but, well settled propositions show that such a review is not allowed. Evidentiary rulings are reviewed to determine whether a trial court exceeded its discretion. These types of rulings are not approrpiate for mandamus review because "circumstances involving alleged errors of judgment, or errors in the exercise of judicial discretion, [do] not constitute grounds for invoking supervisory mandamus." Slip Op. p. 6, quoting Ex parte Nice, 407 So. 2d 874, 882 (Ala. 1981).
Motion to Reconsider Treated as Motion for Protective Order in Case Seeking Mandamus Review of Order Allowing Discovery in Medical Liability Act Case
In Ex parte Gentiva Health Services, Inc., released by the Alabama Supreme Court on November 14, 2008, the court reviewed a trial court’s order allowing discovery of privileged materials in a medical malpractice act even though the party against whom discovery was sought had not filed a motion for protective order in the trial court.
Rule 54(b) Certification Inappropriate Where Claims Are Intertwined
In North Alabama Electric Cooperative v. New Hope Telephone Cooperative, the Alabama Supreme Court dismissed a Rule 54(b) interlocutory appeal because the claim for common law indemnity that was adjudicated by the trial court was intertwined with the claim for contractual indemnity that was still pending before the trial court.
Writ of Mandamus Vehicle for Pendente Lite Review
In Amberson v. Long, No. 2061191 Ala. Civ. App. (June 13, 2008), a mother appealed from an order modifying child custody. The father responded that “the order from which the mother appeals is a pendente lite custody order that will not support an appeal.” The mother characterized the order as a final, appealable "temporary custody award." The court of civil appeals explained that, "[a]lthough somewhat confusing, an order awarding `temporary’ custody can be either a pendente lite order or a final order. . . . The record reflects that the order awarding the father custody was, in fact, a pendente lite order. The case had been set only for a pendente lite hearing, no testimony was taken, the order does not resolve all the issues raised in the father’s modification petition, and the order itself indicates that it is ‘PDL,’ which appears to be a reference to the term ‘pendente lite.’ Because review of pendente lite orders maybe obtained only through a petition for a writ of mandamus, and because the mother did not seek a writ of mandamus, the mother’s appeal must be dismissed.”
Law of the Case Doctrine Not Obligatory
In deciding whether to apply the law of the case doctrine in a case that has been appealed multiple times, the appellate court should consider the purpose of the rule and the circumstances surrounding the initial appellate decision in the case. Swafford v. Norton, No. 2060722 (Ala. Civ. App. April 18, 2008).
Mandamus Proper to Review Fictitious Party Issue
In Ex parte Nationwide Ins. Co., No. 1061708 (Ala. April 18, 2008), the Alabama Supreme Court confirmed that, “an appeal is not an adequate remedy to review the defense, ‘[i]n a narrow class of cases involving fictitious parties and the relation-back doctrine’ that a claim is barred by the statute of limitations.” (quoting Ex Parte Jackson, 780 So. 2d 681, 684 (Ala. 2000)).