In Bessemer Board of Ed. v. Tucker, Ms. 2070390 (Ala. Civ. App. June 20, 2008) , the Alabama Court of Civil Appeals addressed the application of the "law of the case" doctrine, and found that the doctrine is not inflexible. "The doctrine directs a court’s discretion; it does not limit a court’s power." Slip Op. p. 7. Thus, the court revisited its prior ruling regarding jurisdiction.
Category Archives: Issues Presented
Argument Challenging Post-Minority Support Calculation Could Not Be Raised for First Time on Appeal
Where a husband challenged an award of post-minority support for the first time on appeal, his argument would not be entertained; the support judgment was therefore affirmed. Lollar v. Lollar, No. 2060863 (Ala. Civ. App. Apr. 11, 2008).
“Law of the Case” Did Not Bar Summary Judgment Where First Appellate Opinion Was “Contingent” on Unresolved Issues
On a previous appeal of the same case, the Alabama Supreme Court reversed a summary judgment against a lessor’s fraud claim. That decision was not the “law of the case,” however, because it was premised on an issue the earlier decision did not reach — the merits of a logically prior contract claim. The trial court was thus free, after the first remand, to re-enter summary judgment against the fraud claim. This time, that judgment was affirmed. United Land Corp. v. Drummond Co., No. 1061342 (Ala. Mar. 7, 2008).