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).

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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).

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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.

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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.

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Cases Released on April 11, 2008

From the Alabama Court of Civil Appeals:

Lollar v. Lollar

Rugsdale v. Hyatt, Williamson, & Williamson

Beatty v. Beatty

A.S.H. v. State Department of Human Resources

Smith, Sr. v. Smith

Ex parte Lynn Adams – Petition for Writ of Mandamus – (In re: Fleet Force, Inc. v. Adams)

From the Supreme Court of Alabama:

Ex parte Wesley E. Dekle & Sharon R. Dekle – Petition for Writ of Certiorari to the Court of Civil Appeals – (In re: Dekle v. Seagraves)

Wright Therapy Equipment, LLC, et al. v. BCBS 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 Roy Duncan & Air Flow Awning Co., Inc. – Petition for Writ of Certiorari to the Court of Civil Appeals – (In re: Roy Duncan & Air Flow Awning Co., Inc. v. City of Montgomery, et al.)

Ex parte Alabama Department of Finance – Petition for Writ of Mandamus – (In re: GTSI Corp. v. Alabama Department of Finance)

Mary Nell M. DeFriece & Lee M. Durst v. Ernest C. McCorquodale, Jr., & the estate of Nell M. McCorquodale

Ex parte Shana M. Flynn – Petition for Writ of Mandamus (In re: Shana M. Flynn v. Michael Patrick Flynn)

Ex parte Aurora Mercedes Soto – Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Aurora Mercedes Soto v. State of Alabama)

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)

Gallagher Bassett Services, Inc. v. Nelia D. Phillips et al.

“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.