From the Alabama Court of Civil Appeals:
Walker v. Capstone Building Corporation
Sagamore Insurance Company v. Sudduth
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Monthly Archives: March 2010
Court Discusses Admissibility of Summary Judgment Affidavits
In summary judgment proceedings, it is well-settled that parties may rely only on evidence that would be admissible at trial. In Stephens v. First Commercial Bank, No. 1080648 (Ala. March 12, 2010), Stephens argued that he had no obligation to present evidence in opposition to the bank’s summary judgment motion on its claim for breach of a promissory note because the affidavit that the bank offered in support of its motion violated the best evidence rule and the prohibition against hearsay. The Alabama Supreme Court disagreed and affirmed the summary judgment for the bank.
Court Infers Final Judgment on Counterclaim in Ore Tenus Proceeding
Ordinarily, an appellate court lacks jurisdiction if the order from which a party appeals is not a final order. In Kennedy v. Boles Investment, Inc., No.1080607 (Ala. March 12, 2010), the Alabama Supreme Court found that under the unusual circumstances of that ore tenus proceeding, the Court had jurisdiction over the appeal even though the trial court did not expressly dispose of all of the claims and counterclaims in the order at issue.
Court Discusses Unusual Standards of Review
In two of the opinions that it issued last week, the Alabama Supreme Court discussed standards of review that receive attention less frequently than others. In Intergraph Corporation et al. v. Bentley Systems Incorporated, Nos. 1080300, 1080405 (Ala. March 12, 2010), the Court described the standard of review that it applies to findings of special masters. In Archer v. The Estate of Archer, Nos. 1090093, 1090094, 1090096 (Ala. March 12, 2010), the Court outlined the standard of review that it uses when interprets a statute.
Cases Released March 19, 2010
From the Alabama Court of Civil Appeals:
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Espinoza d/b/a Jabez Land Service v. Rudolph
Penick v. Most Worshipful Prince Hall Grand Lodge F&AM of Alabama, Inc.
Cases Released March 12, 2010
From the Alabama Court of Civil Appeals:
Brooks v. Franklin Primary Health Center, Inc.
Mobile County Board of School Commissioners v. Long
Norandal U.S.A., Inc. v. Graben
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Archer v. The estate of Archer
Ex parte Bitel et al.; Petition for Writ of Mandamus (In re: Sanders v. Horton et al.)
Purser v. Solid Ground Development, LLC
Stephens v. First Commercial Bank
Kennedy v. Boles Investment, Inc.
Intergraph Corporation et al. v. Bentley Systems Incorporated
Stipulated Facts Bring De Novo Review
Where the circuit court received only arguments on a stipulated factual record, the appeals court gave the circuit court’s judgment “no presumption of correctness,” and so reviewed that judgment under a de novo standard. Ex parte Ala. Dept. of Revenue, No. 1070925 (Ala. Feb. 26, 2010).
Gaps in Divorce Record Force Reversal
The trial court incorporated a “partial agreement” between the parties into its final divorce judgment. The record on appeal contained no written evidence of that agreement, however, and the trial court had not received evidence on any contested issue. The agreement thus was not valid. And, without evidence, the trial court had no discretion to adjudicate other issues. The Court of Civil Appeals reversed the judgment and ordered the trial court to hold an evidentiary hearing. Willis v. Willis, No. 2080876 (Ala. Civ. App. Feb. 26, 2010)
Law of the Case Did Not Bar Trial Court From Explaining and Reentering Judgment
The Court of Civil Appeals, on the first appeal of this case, held that the circuit court had wrongly considered evidence outside the pleadings in granting a motion to dismiss. On remand, the circuit court explained that, in fact, its decision had depended on nothing outside the pleadings. It then reentered its dismissal. The Court of Civil Appeals held that this was sufficient and that, given the trial court’s explanation, the “law of the case” doctrine did not bar a reentry of the original judgment. Drees v. Turner, No. 2080742 (Ala. Civ. App. Feb. 26, 2010).
Cases Released March 5, 2010
From the Alabama Court of Civil Appeals:
Ex parte Kish; Petition for Writ of Mandamus (In re: Kish v. TruGreen Limited Partnership)
Complete List of Cases from the Alabama Court of Civil Appeals
From the Alabama Supreme Court:
Noland Health Services, Inc. v. State Health Planning and Dev. Agency
1568 Montgomery Highway, Inc. v. City of Hoover
Lisa Dixon, as administratrix of the estate of Maurine Humphreys v. Hot Shot Express, Inc.