Alabama Appellate Watch

Recent Posts from Alabama Appellate Watch

• 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 C & D Logging v. Mobley Hutchenson v. Daniel Powe v. Powe…

• 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.…

• 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…

• Cases Released November 13, 2009

  From the Alabama Court of Civil Appeals: Y.N. v. Jefferson County Department of Human Resources Ex parte Hamilton; Petition for Writ of Mandamus (In re: Hamilton v. State Department of Postsecondary Education) Complete List of Cases…

• 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…

• 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…

• Action to Enforce Divorce Judgment Required New Filing Fee to Vest Jurisdiction

  Six years after the parties were divorced, the wife filed a motion to amend a provision in the divorce judgment that awarded her a part of the husband’s retirement benefits. The Court of Civil Appeals…

• Adoption Without Father's Consent Was Void

  A stepfather adopted his wife’s biological child. Because the child’s father had not consented to the adoption, however, as is required by Alabama statute, the adoption judgment was void. The father’s appeal from that judgment…

• Cases Released November 6, 2009

  From the Alabama Court of Civil Appeals: Fenison v. Birmingham Spring Service, Inc., et al. R.L.M.S. v. Etowah County Department of Human Resources R.J.G. v. S.S.W. Young v. Ledford Zegarelli v. Montevallo Planning and Zoning…

• Cases Released October 30, 2009

  From the Alabama Court of Civil Appeals: A.S.T. v. Etowah County Department of Human Resources Progressive Specialty Insurance Company v. Kyle M.M. v. D.P. Marsh v. Smith Montgomery v. Montgomery Herring-Malbis I, LLC v. TEMCO,…