Alabama Appellate Watch

News, cases and developments in Alabama appellate practice.

Author: The blog was created and is updated by lawyers at the Birmingham-based litigation firm Lightfoot, Franklin & White.

Blawg Related Categories: Appellate Practice • Trials & Litigation • States • Alabama • Law Firm

Recent Posts from Alabama Appellate Watch

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,…
Court of Civil Appeals States Standard Governing Review of Trial Court's Ruling on Motion to Vacate a Default Judgment
In LVNV Funding, LLC v. Boyles, released last week, the Alabama Court of Civil Appeals reversed the trial court's judgment denying a motion to vacate a default judgment pursuant to Rule 60(b)(4). The case was handled by Lightfoot,…
Alabama Supreme Court Dismisses Appeal for Lack of Subject Matter Jurisdiction Even Though Issue Was Not Raised in the Trial Court
In Johnson v. Neal, released October 23, 2009, the Alabama Supreme Court dismissed an appeal from the Macon County Circuit Court for lack of subject matter jurisdiction even though neither of the parties had raised…
Cases Released October 23, 2009
From the Alabama Court of Civil Appeals: State Department of Human Resources, on behalf of J.A.S. Ford v. Stringfellow Memorial Hospital LVNV Funding, LLC v. Boyles Complete List of Cases from the Alabama Court of…
Issue, Though Preserved Below, Not Subject to Appellate Review When First Raised in Oral Argument
Ordinarily, an appellate court will not consider an argument that a party presents to the court for the first time at oral argument, even though the party preserved the argument in the lower court. "Issues not…
Court Raises Absence of Indispensible Party Ex Mero Moto
An appellate court must raise the absence of an indispensable party ex more moto and must dismiss an action without prejudice if the plaintiff has not joined an indispensable party. The failure to join an indispensible…
Unlike Jurisdiction, Party May Waive Argument Concerning Real Party in Interest
When the Court notices a possible jurisdictional defect in a case, it is incumbent upon the Court to examine the issue, even though no party has raised it. The question of whether a case is…
Cases Released October 16, 2009
From the Alabama Court of Civil Appeals: Ex parte Darnall et al.; Petition for Writ of Mandamus (In re: Darnall et al. v. Hughes et al.) Steward Machine Company, Inc. v. Board of Trustees of the…
"Ala. court rejects verditcs in drug price cases"
The Alabama Supreme Court reversed $274 million in judgments entered in favor of the state against three pharmaceutical companies - AstraZeneca PLC, Novartis AG, and GlaxoSmithKline PLC - and directed that judgment be entered in…
Cases Released October 9, 2009
From the Alabama Court of Civil Appeals: University of South Alabama Hospitals v. Blackmon M.R.J. v. D.R.B. A.C. v. C.C. Downs v. Lyles H.J.T. v. State of Alabama ex rel. M.S.M. L.E.O. v. A.L. General…