Lack of Subject Matter Jurisdiction May Be Raised for First Time On Appeal

On January 14, 2011, the Alabama Supreme Court vacated a $3.2 million wrongful death medical malpractice jury award and dismissed the appeal from the award because the Court found that the defendant had State immunity.  Consequently, both the trial court and the Alabama Supreme Court lacked subject matter jurisdiction over the case.  It did not matter that the defendant did not challenge jurisdiction in the trial court because a party cannot waive a challenge to subject matter jurisdiction.  Health Care Authority for Baptist Health v. Davis, No. 1090084 (Ala. Jan, 14, 2011).