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Feb 17, 2017

Summary Judgment Procedure - Hendon v. Holloway

Hendon v. Holloway, [Ms. 2150958, Feb. 17, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals affirms in part and reverses in part a summary judgment entered by the Jefferson Circuit Court in favor of defendants in an action alleging malicious prosecution and harassment.

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Feb 17, 2017

Timeliness of Appeal From District Court Judgment - Modi v. Johnson

Modi v. Johnson, [Ms. 2160072, Feb. 17, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  Citing Croskey v. Crawford, 177 So. 3d 468 (Ala. Civ. App. 2014) and McCaskill v. McCaskill, 111 So. 3d 736 (Ala. Civ. App. 2012), the Court of Civil Appeals holds that an appeal from a district court judgment concerning a request for imposition of a garnishment was untimely because it was not filed “within 14 days from the date of the judgment or the denial of a post-trial motion, whichever is later” as required by ... Read More

Feb 17, 2017

Rule 54(b), Ala. R. Civ. P. “Finality” - Equity Trust Co. v. Breland

Equity Trust Co. v. Breland, [Ms. 1150302, 1150876, Feb. 17, 2017] __ So. 3d __ (Ala. 2017)(certification and dismissal of appeal).  The Court dismisses consolidated appeals from the Mobile Circuit Court upon concluding the circuit court exceeded its discretion in certifying its judgments under Rule 54(b), Ala. R. Civ. P. as final and therefore appealable. Read More

Feb 17, 2017

Medical Negligence & Exceptions to Requirement of Expert Testimony to Establish Breach of the Standard of Care & Causation - Collins v. Herring Chiropractic Center, LLC

Collins v. Herring Chiropractic Center, LLC, [Ms. 1151173, Feb. 17, 2017] __ So. 3d __ (Ala. 2017).  The Court reverses a summary judgment entered by the Jefferson Circuit Court in favor of a chiropractor and his clinic in an action under the Alabama Medical Liability Act for burn injuries and scarring attributable to application of a cold pack to a patient’s knee.  Read More

Feb 10, 2017

Apparent Authority & Non-Delegable Duty - Bain v. Colbert County Northwest Ala. Health Care Auth.

Bain v. Colbert County Northwest Ala. Health Care Auth., [Ms. 1150764, Feb. 10, 2017] __ So. 3d __ (Ala. 2017).  The Court, per curiam, (Stuart, Bolin, Shaw, Main, Wise, and Bryan, JJ, concur; Parker and Murdock, JJ, concur in part and dissent in part) affirm a summary judgment entered by the Colbert Circuit Court in favor of Helen Keller Hospital and against a personal representative of her deceased husband’s estate in a medical negligence case which sought to impose vicarious liability upon the hospital for the acts of its emergency room physician.  Read More

Feb 10, 2017

Standing to Appeal - Manley v. Vaughn

Manley v. Vaughn, [Ms. 2150855, Feb. 10, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  Citing McCollum v. Keating, 5 So. 3d 1283 (Ala. Civ. App. 2008), the court again holds that “[u]nless a person is a party to a judgment, he [cannot] appeal from that judgment.  ...  One must have been a party to the judgment below in order to have standing to appeal any issue arising out of that judgment.”  Read More

Feb 10, 2017

Civil Forfeiture - Wallace v. State

Wallace v. State, [Ms. 2150967, Feb. 10, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals reverses a judgment entered by the Shelby Circuit Court ordering the forfeiture of an automobile based upon its use in a sale of marijuana.  Read More

Feb 3, 2017

Guest Statute - Hurst v. Sneed

Hurst v. Sneed, [Ms. 1151067, Feb. 3, 2017] __ So. 3d __ (Ala. 2017).  The Court reverses a summary judgment entered by the Madison Circuit Court in a negligence action upon determining questions of fact existed about application of the Alabama Guest Statute, § 32-1-2, Ala. Code 1975.  Read More

Jan 27, 2017

Workers’ Compensation & Venue - Ex parte Hibbett Sporting Goods, Inc.

Ex parte Hibbett Sporting Goods, Inc., [Ms. 2160069, Jan. 27, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals grants a petition for writ of mandamus and orders the Lamar Circuit Court to vacate an order denying Hibbett Sporting Goods’ motion for change of venue and to enter an order transferring the underlying workers’ compensation action to the Jefferson Circuit Court.  Read More

Jan 27, 2017

Alabama Legal Services Liability Act, § 6-5-570, et seq., Ala. Code 1975 - Yarbrough v. Eversole

Yarbrough v. Eversole, [Ms. 1150400, Jan. 27, 2017] __ So. 3d __ (Ala. 2017).  The Supreme Court affirms in part and reverses in part a judgment entered in favor of a law firm and its lawyers in a legal malpractice action brought in the Shelby Circuit Court. Read More

Jan 27, 2017

Liability Insurance Coverage & Implied Permission - Grimes v. Alfa Mut. Ins. Co.

Grimes v. Alfa Mut. Ins. Co., [Ms. 1150041, Jan. 27, 2017] __ So. 3d __ (Ala. 2017).  Invoking traditional rules of statutory construction (Ms. *34-6), the Court holds that Alabama’s Mandatory Liability Insurance Act, § 32-7A-1, et seq., Ala. Code 1975, does not require omnibus coverage for operators of insured motor vehicles with implied permission of the named insured.  Read More

Jan 27, 2017

Arbitration - University Toyota v. Hardeman

University Toyota v. Hardeman, [Ms. 1151204, Jan. 27, 2017] __ So. 3d __ (Ala. 2017).  The Court reverses an order of the Colbert Circuit Court allowing parties to pursue claims against automobile dealerships in arbitration proceedings conducted by the American Arbitration Association rather than by the Better Business Bureau of North Alabama as specified in the controlling arbitration agreements.  Read More

Jan 27, 2017

Workers’ Compensation Immunity & Special Employer - Ex parte Tenax Corp.

Ex parte Tenax Corp., [Ms. 1151122, Jan. 27, 2017] __ So. 3d __ (Ala. 2017).  The Supreme Court grants a petition for a writ of mandamus and reverses a judgment of the Conecuh Circuit Court which had denied a motion for summary judgment claiming workers’ compensation immunity under § 25-5-1, et seq., Ala. Code 1975.  Read More

Jan 20, 2017

Alimony & Child Support - Person v. Person

Person v. Person, [Ms. 2150225, Jan. 20, 2017] __ So. 3d __ (Ala. Civ. App. 2017)(on application for rehearing).  The Court of Civil Appeals in this plurality opinion (Moore, J., Pittman and Donaldson, JJ, concur; Thompson, P.J., and Thomas, J., concurring in the result) revisits its October 21, 2016 opinion which affirmed in part and reversed in part a divorce judgment entered by the Crenshaw Circuit Court concerning the 20-year marriage of former NBA star Wesley Person and his wife.  The court’s original opinion remanded the cause for the circuit court to reconsider its judgment as to alimony, child support, and division of marital assets.

 

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Jan 20, 2017

Judicial Review of Administrative Agency Determinations - Alabama Medicaid Agency v. Marshall

Alabama Medicaid Agency v. Marshall, [Ms. 2150903, Jan. 20, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals reverses a judgment of the Montgomery Circuit Court reversing a denial by the Alabama Medicaid Agency following an administrative hearing of three separate requests for Medicaid-nursing home benefits where the Montgomery Circuit Court concluded the Agency’s decision denying such benefits was “arbitrary and capricious.” Read More

Jan 20, 2017

Security Interests & Certificated Securities - Citizens Bank & Trust v. Piggly Wiggly Alabama Distributing Co., Inc.

Citizens Bank & Trust v. Piggly Wiggly Alabama Distributing Co., Inc., [Ms. 2150749, Jan. 20, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals affirms the judgment of the Jefferson Circuit Court, Bessemer Division, holding that a security interest a bank held in certain stock was subordinate to the right to that same stock held by a lien creditor. Read More

Jan 13, 2017

Restrictive Covenants & Statute of Limitations - Bekken v. Greystone Residential Assoc., Inc.

Bekken v. Greystone Residential Assoc., Inc., [Ms. 2150365, Jan. 13, 2017] __ So. 3d __ (Ala. Civ. App. 2017) (On reh'g).  The court grants rehearing, withdraws the original September 16, 2016 opinion which had reversed an injunction granted by the Shelby Circuit Court to enforce residential restrictive covenants and, on rehearing, unanimously affirms the judgment.  Read More

Jan 13, 2017

Arbitration - FMR Corp. v. Howard

FMR Corp. v. Howard, [Ms. 1151149, Jan. 13, 2017] __ So. 3d __ (Ala. 2017).  The Court reverses an order of the Pike Circuit Court denying a motion to compel arbitration of a dispute regarding an investment account holder’s responsibility to indemnify Fidelity Management Trust Company and Fidelity Brokerage Services, LLC for losses it might suffer if the investor’s stepchildren prevail on claims they assert against Fidelity in a separate pending arbitration proceeding.  Read More

Jan 13, 2017

Workers’ Compensation & Subject Matter Jurisdiction - Hand Construction, LLC v. Stringer

Hand Construction, LLC v. Stringer, [Ms. 2150730, Jan. 13, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals reverses a judgment entered by the Mobile Circuit Court awarding medical and temporary-total disability benefits under the Alabama Workers’ Compensation Act, § 25-5-1, et seq., Ala. Code 1975 to an employee hired in Alabama but who worked principally in North Dakota and then was injured in an automobile accident in Arkansas. Read More

Jan 13, 2017

Default Judgment - Wilson v. Avant

Wilson v. Avant, [Ms. 2150847, Jan. 13, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals in a per curiam opinion unanimously reverses the Autauga Circuit Court’s decision not to set aside a default judgment where the evidence established that the defaulting party filed a responsive pleading on the day before the scheduled hearing when the default judgment was entered. Read More

Jan 13, 2017

Workers’ Compensation & Abatement - Ex parte Thompson Tractor Co., Inc.

Ex parte Thompson Tractor Co., Inc., [Ms. 2160086, Jan. 13, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals grants a petition for a writ of mandamus by an employer seeking dismissal of a workers’ compensation injury action (seeking benefits on account of the worker’s contraction of asbestosis) because of the death of the worker.  Read More

Jan 6, 2017

Default Judgment; Kirtland Factors - Hilyer v. Fortier

Hilyer v. Fortier, [Ms. 1140991, Jan. 6, 2017] __ So. 3d __ (Ala. 2017).  The Court reverses an order of the Elmore Circuit Court denying a defendant 18-wheel log truck driver's motion filed pursuant to Rule 55(c), Ala. R. Civ. P., to set aside a default judgment entered against him and in favor of a parent and minor child injured in a collision with the log truck. Read More

Jan 6, 2017

Writ of Prohibition - Blevins v. Boller

Blevins v. Boller, [Ms. 2150969, Jan. 6, 2017] __ So.3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals dismisses an appeal from a Baldwin Circuit Court order construing a "motion for order of interpleader" filed by a law firm to protect funds allegedly owed pursuant to the attorney lien statute as a request for injunctive relief.  Read More

Jan 6, 2017

Underinsured Motorist Coverage; Waiver - Johnson v. First Acceptance Ins. Co., Inc.

Johnson v. First Acceptance Ins. Co., Inc., [Ms. 2150629, Jan. 6, 2017] __ So.3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals reverses a summary judgment entered by the Lowndes Circuit Court in favor of First Acceptance Insurance Company, where the circuit court had held an applicant waived in writing his option to purchase uninsured/underinsured motorist benefits. Read More

Jan 6, 2017

Fraudulent Transfers; § 8-9A-1 et seq., Ala. Code 1975 - RES-GA Lake Shadow, LLC v. Kennedy

RES-GA Lake Shadow, LLC v. Kennedy, [Ms. 2160110, Jan. 6, 2017] __ So.3d __ (Ala. Civ. App. 2017).  The Court of Civil Appeals reverses a Montgomery Circuit Court judgment dismissing three claims alleging property transferred from a husband to a wife pursuant to a divorce settlement agreement were for fraudulent transfers made to prevent collection of a debt owed by the husband.  Read More

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