In its second opinion in the Poole v. Prince litigation, the Alabama Supreme Court reviewed the law of the case doctrine to determine whether its first opinion in this matter was dispositive of the issue before it in the second appeal. The Court concluded that because the facts on which its first summary judgment opinion was based were different from the facts relevant to the second summary judgment appeal, the law of the case doctrine did not apply. Poole v. Prince, 1090461 (Ala. Oct. 22, 2010)..
Monthly Archives: October 2010
Alabama Civil Appellate Cases Released October 22, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 22, 2010.
From the Alabama Supreme Court:
Hill et al. v. Galliher et al.
Heatherwood Holdings, LLC v. First Commercial Bank
Complete list of cases from the Alabama Supreme Court
From the Alabama Court of Civil Appeals:
Bill Salter Advertising, Inc. v. City of Atmore
Biz Distribution Company, Inc. v. Crystal Fresh, Inc.
Attorneys Insurance Mutual of Alabama, Inc. v. Alabama Department of Insurance
Complete list of cases from the Alabama Court of Civil Appeals
Alabama Civil Appellate Cases Released October 15, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 15, 2010.
From the Alabama Supreme Court:
Ex parte Lowengart; Petition for Writ of Mandamus (In re: Lowengart v. Lowengart)
State of Alabama ex rel. O’Dell v. Coker
Olshan Foundation Repair Company of Mobile, LP v. Schultz
Complete list of cases from the Alabama Supreme Court
From the Alabama Court of Civil Appeals:
Phillips v. National Security Fire & Casualty Company
Andrews v. Central Petroleum, Inc.
Alabama Department of Human Resources v. B.V.
Alabama Department of Corrections et al. v. Merritt et al.
Complete list of cases from the Alabama Court of Civil Appeals
Alabama Supreme Court and Court of Civil Appeals to hear oral argument in Birmingham
The Alabama Supreme Court and Court of Civil Appeals are bringing their "road show" to Birmingham. Both Courts will hear oral arguments in Birmingham, Alabama on Thursday, October 21, 2010 at the Wright Center on the campus of Samford University. The arguments are scheduled to run from 9:00 a.m. until noon. The arguments are open to the public and admission is free. If you have never seen the Court in action, it is worth checking out.
Alabama Civil Appellate Cases Released October 8, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 8, 2010.
From the Alabama Surpeme Court:
Public Building Authority of the City of Huntsville v. St. Paul Fire and Marine Insurance Company
Complete list of cases from the Alabama Supreme Court
From the Alabama Court of Civil Appeals:
Johnson v. Lowe’s Home Center, Inc.
Ex parte Diefenbach; Petition for Writ of Mandamus (In re: Weesner v. Diefenbach)
Complete list of cases from the Alabama Court of Civil Appeals
Alabama Appellate Watch Contributors Win Surety Bond Appeal in the Alabama Supreme Court
Lightfoot attorneys (and alabamaappellatewatch.com’s contributors) Chris King and Nikaa Jordan, along with Carter B. Reid at Watt, Tieder, Hoffar & Fitzgerald, LLP in Washington, DC, represented St. Paul Fire and Marine Insurance Company in an appeal from a summary judgment entered in St. Paul’s favor in a lawsuit brought by the Public Building Authority of the City of Huntsville ("PBA") to enforce the terms of a surety bond that contractors building the Huntsville City Jail had posted. On October 8, 2010, the Alabama Supreme Court ruled that the PBA had failed to satisfy the conditions precedent to St. Paul’s obligations under the terms of the $24.36 million bond and released St. Paul from the bond in its entirety. To read full opinion, please click here. To read a news article from the opinion, please click here.
Alabama Supreme Court Refuses to Consider Argument of Untimeliness of Answer. Although Appellant Argued in the Trial Court that the Appellee’s Answer Was Untimely Filed, It Argued So For a Different Reason
In Maloof v. John Hancock Life Ins. Co., No. 1090864, the Alabama Suprme Court reiterated the long-standing rule that it will not review an argument not presented to the trial court.
Alabama Supreme Court Releases 2009-2010 Statistics
The Alabama Supreme Court released its statistics for the fiscal year ending September 30, 2010. The statistics cover the number of cases handled, the length of time cases remain pending, and some other interesting information. Click the link to view the report.
Alabama Civil Appellate Cases Released October 1, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 1, 2010.
From the Alabama Supreme Court:
Maloof v. John Hancock Life Insurance Company
Allen v. The Estate of Juddine
Chorba-Lee Scholarship Fund, Inc., et al. v. Hale, et al.
Walker v. City of Huntsville, et al.
Safeco Insurance Company of America v. Graybar Electric Company, Inc.
Jenkins v. Atelier Homes, Inc.
Ex parte Haynes; Petition for Writ of Mandamus (In re: Haynes v. Williams et al.)
Martin et al. v. Cash Express, Inc., et al.
Complete list of cases from the Alabama Supreme Court
From the Alabama Court of Civil Appeals:
Complete list of cases from the Alabama Court of Civil Appeals