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 10, 2008
From the Alabama Court of Civil Appeals: Prescott v. Prescott Jenkins v. State Farm Mutual Automobile Insurance Company Progressive Specialty Insurance Company v. Wilkerson Mousseau v. City of Daphne Board of Zoning Adjustments Hendricks v.…
Supreme Court Reviews Issue not Briefed
In Ex parte Auburn University, No. 1070174 (Ala. Oct. 3, 2008), the Alabama Supreme Court considered whether an exception to the sovereign immunity defense applied in the case even though the plaintiffs did not raise the issue in their…
Evidence Must Show that Trial Court Ruling Injuriously Affected Substantial Rights
In Van Voorst v. Federal Express Corp., No. 105077 (Ala. October 3, 2008), the Alabama Supreme Court refused to reverse a trial court’s denial of the plaintiff’s post-judgment motion without a hearing because the plaintiff…
Abuse of Discretion Applies to Evidentiary Rulings at Summary Judgment
The Alabama Supreme Court reviews motion for summary judgment de novo; however, when the Court considers whether evidence offered in support of or in opposition to a summary judgment motion will be admissible at trial…
Information on Supreme Court Candidates
Justice See's seat on the Alabama Supreme Court will be filled in the election this November. Running for the office are Democrat Deborah Bell Paseur and Republican Greg Shaw. For a short biography of the candidates, follow the…
Cases Related on October 3, 2008
From the Alabama Court of Civil Appeals: T.R. v. R.C. North Clarke Water Authority v. Robert Dockery C. Wayland Blake v. John L. Stinson Dagmar Tiller v. YW Housing Partners, Ltd. Brenda Elaine Hobson Williams v.…
Lack of Express Postjudgment Ruling Leads to Automatic Denial and Late Appeal
The trial court held a hearing but “did not expressly rule” on a father’s postjudgment motion. Under Rule 59.1, that motion was consequently denied by operation of law 90 days after its filing. An appeal lodged 43…
Delegating Division of Assets Made Divorce Judgment Non-Final
A divorce judgment was not final where it delegated to “appropriate” government agencies how the husband’s retirement benefits would be divided. Verren v. Verren, No. 2061054 (Ala. Civ. App. Sept. 26, 2008). The parties’ appeals from that…
"No Bright Line" Determines When Mandamus Will Be Treated As Appeal; Late "Enlargement" of Judgment Was Not "Correction" Under Rule 60(a)
The Court of Civil Appeals treated a petition for mandamus as an appeal from the denial of a Rule 60(b)(4) motion for relief from a void order. Weaver v. Weaver, No. 2070778 (Ala. Civ. App. Sept.…
Cases Released September 26, 2008
From the Alabama Court of Civil Appeals: Weaver v. Weaver K.A.P. v. D.P. and C.P. Montgomery County Department of Human Resources v. C.R. and B.R. Smith v. Smith Thompson v. Colsa Corporation Ravenel v. Burnett…