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.”
Monthly Archives: June 2008
Specific Objection Must Immediately Follow Inadmissible Evidence
The Alabama Supreme Court reiterated that the denial of a motion in limine does not preserve an objection to evidence for appellate review. In denying the motion, the trial court signals that it will rule on the matter if it arises at trial. To obtain appellate review of an evidentiary objection at trial, the party opposing the evidence must make "a timely objection …, stating the specific ground of objection, if the specific ground was not apparent from the context. Rule 103, Ala. R. Evid.” Baldwin County Electric Membership Corporation v. City of Fairhope, Nos. 1060475, 1060545 (Ala. Feb 2, 2008), modified on rehearing (June 13, 2008).
Cases Released June 13, 2008
From the Alabama Court of Civil Appeals:
B.H. v. Marion County Department of Human Resources
Webb, et al. v. City of Demopolis
Hall, et al. v. North Montgomery Materials, LLC, and Katsarsky
Team America of Tennessee v. Stewart
Parham and Parham, Inc. v. Wright
American Truck Driving Academy, Inc. v. Smith
A.L.D. v. Calhoun County Department of Human Resources
Butterworth v. Morgan and Morgan
From the Supreme Court of Alabama:
Ex parte Berry, et al., In re: Estate of Berry
Baldwin County Electric Membership Corporation v. City of Fairhope
Tradewinds Environmental Restoration, Inc. v. Brown Brothers Construction, L.L.C., et al.
Ex parte State of Alabama, In re: Hammonds v. State of Alabama
Certiorari Available to Review “Final” Administrative Decisions Under Fair Dismissal Act
The common-law writ of certiorari is available to review administrative decisions under § 36-26-115 of Alabama’s Fair Dismissal Act, the Court of Civil Appeals held, even though that statute makes administrative decisions “final” and non-appealable. South Ala. Skills Training Consortium v. Ford, No. 2060837 (Ala. Civ. App. Jun. 6, 2008). The appellate court also explained the standards governing certiorari review.
Cases Released June 6, 2008
From the Alabama Court of Civil Appeals:
Lewis v. Whitlock
T.V. v. B.S.
South Alabama Skills Training Consortium, et al. v. Ford, et al.
From the Supreme Court of Alabama:
Murry v. City of Abbeville
Rule 60(a) Did Not Allow Trial Court to “Amend” Non-Final Judgment
In Crutcher v. Williams, released May 30, 2008, the Alabama Supreme Court held that Rule 60(a) did not allow the trial court to simply "amend" a putative final judgment that failed to adjudicate cross claims.
Alabama Court of Civil Appeals Offers Guidance Regarding the Time for Appeal of Arbitration Awards
In Yayman v. FIA Card Services, N.A., released May 30, 2008, the Alabama Court of Civil Appeals further clarified the procedure for appeal of arbitration awards.
Three Cases Released Last Week Show the Consequences of Failing to Timely, Properly or Thoroughly Raise Legal Arguments
Three different cases released last week show the importance of raising legal arguments early, thoroughly, and often in order to have those arguments considered on appeal.
Cases Released May 30, 2008
From the Alabama Court of Civil Appeals:
Yayman v. FIA Card Services, N.A.
Diggs v. Diggs
Chandler v. Virciglio
From the Supreme Court of Alabama:
City of Huntsville v. Stove House 5, Inc.
Panayiotou v. Johnson
Fort James Operating Company, Inc. v. Stephens
Crutcher v. Williams