From the Alabama Court of Civil Appeals:
Franks, as president of Central Alabama Community College v. Jordan
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Byrne et al. v. Galliher et al.
Monthly Archives: November 2009
Alabama Supreme Court Reverses Summary Judgment Where Trial Court Relied on Inadmissible Evidence
Barrett v. Radjabi-Mougadam is a reminder that documents submitted at summary judgment must be cerified or otherwise authenticated. In Barrett, the Alabama Supreme Court reversed a summary judgment because the trial court considered documents that were not properly authenticated and that violated the best evidence rule.
Second Motion to Reconsider Does Not Toll Time for Filing Notice of Appeal
Because a second-filed postjudgment motion does not toll the time for filing a notice of appeal, the Alabama Court of Civil Appeals dismissed the appeal in C & D Logging v. Willie Mobley, No. 2080659, released November 20th.
Alabama Supreme Court May Revise Question that Eleventh Circuit Certifies for Review
When the Eleventh Circuit Court of Appeals certifies a question to the Alabama Supreme Court, the "’particular phrasing used in the certified question is not to restrict the [Alabama] Supreme Court’s consideration of the problems involved and the issues as the Supreme Court perceives them to be in its analysis of the record certified in this case.’ Blue Cross & Blue Shield of Alabama, Inc. v. Nielsen, 116 F.3d 1406, 1414 (11th Cir. 1997) (quoting Martinez v. Rodriguez, 394 F.2d 156, 159 n.6 (5th Cir. 1968) (citations omitted))." The Alabama Supreme Court may rephrase a certified question to enable the Court to address the "’basic issue implicated by th[e] question’ and ‘contemplated by the Court of Appeals in its certification.’" Holcim (US), Inc. v. The Ohio Casualty Insurance Company and Industrial Services of Mobile, Inc., No. 1080233 (Ala. Nov. 13, 2009)(quoting John Deere Co. v. Gamble, 523 So. 2d 95, 99 (Ala. 1988)).
Cases Released November 20, 2009
From the Alabama Court of Civil Appeals:
State of Alabama v. Nguyen et al.
J.F.S. III v. Mobile County Department of Human Resources
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Macon County Greyhound Park, Inc., d/b/a Victoryland v. Knowles
Swanstrom, et al. v. Teledyne Continental Motors, Inc., et al.
Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Murphy)
Premature Notice of Appeal Held in Abeyance Until Ripe; Date of Order Is Date It Is Entered on SJIS
Two common procedural issues – what happens when a notice of appeal is filed prematurely and what is the effective date of an order – were addressed in Landry v. Landry, [Ms. 2080171, 2080372] (Ala. Civ. App. Nov. 6, 2009).
Rule 60(b) Used to Review a Costs Award
In Fenison v. Birmingham Spring Service, Inc., [Ms. 2080023, 2080036] (Ala. Civ. App. Nov. 6, 2009), the Court of Civil Appeals held that a costs award could be challenged in the trial court by way of a Rule 60(b) motion, but ultimately held that the trial court exceeded its discretion by granting relief.
Cases Released November 13, 2009
From the Alabama Court of Civil Appeals:
Y.N. v. Jefferson County Department of Human Resources
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Smallwood, et al. v. Holiday Development, LLC
Barber v. Cornerstone Community Outreach, Inc.
Holcim (US), Inc. v. The Ohio Casualty Insurance Company
Penick v. Most Worshipful Prince Hall Grand Lodge F & A M of Alabama, Inc.
Consolidated Actions Maintain Separate Identities For Determining Finality of Judgment and Time to Appeal
In RJG v. SSW, [Ms. 2080509] (Ala. Civ. App. Aug. 21, 2009), the Court of Civil Appeals dismissed a portion of a father’s appeal in a parental rights action as untimely. On November 6, 2009, the Court of Civil Appeals issued a new opinion of rehearing again dismissing the appeal, explaining that the appeal was not made timely by the fact that the underlying case was part of an action that had been consolidated. RJG v. SSW, [Ms. 2080509] (Ala. Civ. App. Nov. 6, 2009).
Order Which States Only That Marital Property Must Be Divided Equitably Is Not a Final Judgment For Purpose of Appeal
The Court Civil Appeals dismissed the appeal in Sims v. Sims, [Ms. 2070697] (Ala. Civ. App. Nov. 6, 2009), for lack of jurisdiction because it was an appeal of a non-final judgment. The trial court’s order stated that the marital property must be divided equitably, but did not actually divide the property. The Court of Civil Appeals held that the order was not final until the marital property was actually divided and, therefore, the appeal was dismissed becuase there was no final judgment.