Court Reviews Constitutional Challenge to Statute De Novo

The Alabama Supreme Court applies the de novo standard of review to constitutional challenges to state statute. The Court “approach[es] the question of the constitutionality of a legislative act ‘’with every presumption and intendment in favor of its validity, and seek to sustain rather than strike down the enactment of a coordinate branch of the government.’” The Court will sustain the legislation “’unless it is clear beyond reasonable doubt that it is violative of the fundamental law.’” 1568 Montgomery Highway, Inc. v. City of Hoover, 1070531 (Ala. Sept. 11, 2009).

Cases Released September 18, 2009

From the Alabama Court of Civil Appeals:

G.P. v. Houston County Department of Human Resources

Bedsole v. Sheriff Clark

Powell v. Powell

DeShazo Crane Company, LLC v. Harris

Crum v. LaSalle Bank, N.A.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Blackstock; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Davis v. Blackstock)

Jean v. Jean

Ex parte Shelley; Petition for Writ of Mandamus (In re: Irvin v. Shelley et al.)

Jefferson County Commission et al. v. Edwards et al.

Belcher v. Queen

Allen, individually and as commissioner of Alabama Department of Corrections v. Barksdale et al.

Bynum v. Barker

Ex parte Folmar Kenner, LLC; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Capaci d/b/a Andra Capaci Real Estate v. Folmar Kenner, LLC)

Foster v. Hacienda Nirvana, Inc.

Owens v. Hooters Restaurant et al.

Ivey v. Carraway, M.D.

Jefferson County Board of Health v. Birmingham Hide & Tallow Company, Inc.

Complete List of Cases from the Alabama Supreme Court

Cases Released September 11, 2009

From the Alabama Court of Civil Appeals:

Owens v. Owens

Alabama State Employees Association v. Sanks

Palmer v. Browning

Cantrell v. Holland

Edosomwan v. A.B.C. Daycare and Kindergarten, Inc.

Sanders v. Sanders

Silbernagel v. Maranatha Baptist Church, Inc.

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Jefferson County Board of Health v. Birmingham Hide & Tallow Company, Inc.

1568 Montgomery Highway, Inc. v. City of Hoover, a municipal corporation

Eufaula Hospital Corporation et al. v. Lawrence

Ex parte Blackstock; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Davis v. Blackstock)

Complete List of Cases from the Alabama Supreme Court

Cases Released September 4, 2009

From the Alabama Court of Civil Appeals:

S.T.W. v. Franklin County Department of Human Resources

Wehadkee Yarn Mills v. Harris

Goodyear Tire and Rubber Company, Inc. v. Long

Gatlin v. Joiner et al.

KLW Enterprises, Inc. v. West Alabama Commercial Industries, Inc.

Presley v. B.I.C. Construction, Inc.

Cannon v. Utility Board of the City of Tuskegee

Kilgore Development, Inc. v. Woodland Place, LLC

Complete List of Cases from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Chandler v. Blizard

United States of America v. Parvin

Ex parte City of Mobile; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Dickson Campers, Inc. v. City of Mobile

State Board of Education et al. v. Mullins et al.

Ex parte Davis; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Davis v. State of Alabama)

Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Murphy)

Ex parte Haynes, Talladega County Circuit Clerk; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Ex parte G.L., In the Matter of H.C.L.)

Crews v. McLing

F.L.C. v. Alabama State Bar

Ex parte Hill; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Hill v. State of Alabama)

Ex parte Movie Gallery, Inc.; Petition for Writ of Mandamus (In re: Nixon v. Movie Gallery, Inc.)

Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Fowler)

White Sands Group, L.L.C. v. PRS II, LLC, et al.

Ex parte Colby; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Colby v. State of Alabama)

Complete List of Cases from the Alabama Supreme Court

Another Appeal Dismissed For Failure To Comply With Rules For Appeals From Arbitration Awards

Yet another appeal was dismissed for failure to follow the rules for appealing arbitration awards.  In Lindsey v. Deep South Properties, LLC, [Ms. 1080701] (Ala. Aug. 21, 2009), Deep South Properties obtain an arbitration award against Lindsey.  Deep South filed a copy of the award with the circuit court and moved the court to enter judgment on the award, which it did.  Lindsey then filed a notice of appeal to the Supreme Court.  However, under Horton Homes, Inc. v. Shaner, 999 So. 2d 462 (Ala. 2008), and now Ala. R. Civ. P. 71B and 71C, Lindsey was required to file a motion to vacate the award in the trial court within 30 days of the entry of the judgment.  The motion to vacate in the trial court is a necessary prerequisite to filing an appeal,and the failure to file the motion prior to the appeal required that the appeal be dismissed.

Party Cannot Amend Complaint After Final Judgment Entered

In Ex parte Progressive Specialty Ins. Co., [Ms. 1080366] (Ala. Aug. 21, 2009), the Alabama Supreme Court issued a writ of mandamus directing the trial court strike an amendment purporting to add new claims and new parties made after final judgment was entered. Once the trial court enters a final judgment, the trial court loses jurisdiction to allow amendments to pleadings: "a trial court has no jurisdiction to entertain a motion to amend a complaint to add new claims or new parties after a final judgment has been entered, unless that ‘judgment is first set aside or vacates’ pursuant to the state’s rules of civil procedure." Slip Op. pp. 9-10, quoting Faith Properties, LLC v. First Commercial Bank, 988 So. 2d 485, 490 (Ala. 2008).  Here, there was no post-judgment motion, so the trial court was without jurisdiction to accept any amendments to the pleadings after the judgment was entered.