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).
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).
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.
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.
From the Alabama Court of Civil Appeals:
From the Supreme Court of Alabama:
Ex parte First TN Bank National Association – Petition for Writ of Mandamus – (In re: First TN Bank National Association, as successor personal representative of the estate of Edith Landgrebe Russell, deceased v. Ben Russell, et al.)
Ex parte Jackie Graham, in her personal capacity and in her official capacity as director of the Alabama State Personnel Department – Petitioner for Writ of Certiorari to the Court of Civil Appeals – (In re: Jackie Graham v. Alabama State Employees Association)
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.