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).
Monthly Archives: April 2008
Nunc Pro Tunc Order Could Not Revise Judgment to Cure Late Appeal
A circuit court could not revise a judgment nunc pro tunc, so that the dates would retroactively cure a husband’s late appeal. Smith v. Smith, No. 2061150 (Ala. Civ. App. Apr. 11, 2008).
Voluntary Dismissal “Effective Automatically,” Leaves Nothing to Appeal
A voluntary dismissal left a would-be intervener with nothing to appeal from. Its motion to intervene was denied in action that was already “defunct”; and the appeal from that denial was consequently dismissed. Gallagher Basset Services, Inc. v. Phillips, No. 1070416 (Ala. Apr. 11, 2008).
Failure to Specify “Insufficient Evidence” in Trial Motions Removes This Ground for Reversal
The Alabama Supreme Court clarified “the precision with which” insufficiency of the evidence must be stated in motions for judgment as a matter of law, in order to preserve that argument as a basis for reversal. Ex parte Dekle, No. 1051659 (Ala. Apr. 11, 2008). A landowner who argued only that the plaintiffs had “failed to prove their cause of action,” and later “just renew[ed]” that motion, did not preserve insufficient evidence as a ground for reversal. The state’s high court thus upheld a no-opinion affirmance by the Court of Civil Appeals.
Document Not in Appellate Record Could Not Underpin Error
The Court of Civil Appeals refused to find that a trial court had erred by supposedly failing to account for a document that was not included in the record on appeal. Beatty v. Beatty, No. 2060993 (Ala. Civ. App. Apr. 11, 2008). The trial court’s judgment, finding that a husband owed past-due alimony, was therefore affirmed.
Cases Released on April 11, 2008
From the Alabama Court of Civil Appeals:
Rugsdale v. Hyatt, Williamson, & Williamson
A.S.H. v. State Department of Human Resources
Ex parte Lynn Adams – Petition for Writ of Mandamus – (In re: Fleet Force, Inc. v. Adams)
From the Supreme Court of Alabama:
Wright Therapy Equipment, LLC, et al. v. BCBS of Alabama
Gallagher Bassett Services, Inc. v. Nelia D. Phillips et al.
Trial Court’s Failure to Comply With Section 25-5-88 of the Alabama Code Results In Reversal and Remand
Massey Chevrolet, Inc. v. Aderhold, released on April 4 by the Court of Civil Appeals, indicates the consequences of the trial court’s failure to comply with section 25-5-88 in a workers’ compensation case.
Undue Delay in Filing an Amended Complaint Not An Exception to the Affirm for Any Reason Rule
In Nettles v. White, released by the Alabama Court of Civil Appeals on April 4, 2008, the court determined that an appellate court may affirm on the basis of undue delay in filing an amended complaint even though that ground was not raised in the trial court.
“Alabama Supreme Court to hear appeal of Patton Creek flooding dispute in session at Samford University”
The Alabama Supreme Court and the Court of Civil Appeals will hear oral arguments in a special session at the Leslie Wright Center at Samford University beginning at 9:00 a.m. on April 17, 2008. For a review of the cases which will be argued, follow the link to the article "Alabama Supreme Court to hear appeal of Patton Creek flooding dispute in session at Samford University" from the Birmingham News.
Cases Released on April 4, 2008
"From the Alabama Court of Civil Appeals:"
Massey Chevrolet, Inc. v. Aderhold
Pine Grove Baptist Churhc, Inc., et al. v. Mitchell Carter, et al.
"From the Alabama Supreme Court:"