Recent Posts in the Appellate Category

• Waiver of Right to Compel Arbitration

  Oct 23, 2020
  Fagan v. Warren Averett Companies, LLC, [Ms. 1190285, Oct. 23, 2020], ___ So. 3d ___ (Ala. 2020). The Court (Wise, J.; Parker, C.J., and Bolin, ...
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• School Board Employees Not Exempt From Municipal Occupancy Tax

  Oct 23, 2020
  Jefferson Cty. Bd. of Education v. City of Irondale; Blankenship, et al. v. City of Irondale , [Ms. 1180752 and 1180777, Oct. 23, 2020], ___ So. 3d ...
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• Divorce - Subject-Matter Jurisdiction to Enforce Settlement Agreement

  Oct 23, 2020
  Hoye v. Hoye , [Ms. 2190834, Oct. 23, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). The court (Moore, J.; Thompson, P.J., and Donaldson, Edwards, and ...
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• Divorce - Division of 401(k) - Collateral Attack on Divorce Judgment

  Oct 16, 2020
  Nord v. Nord, [Ms. 2190391, Oct. 16, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). The court (Moore, J.; Thompson, P.J., and Donaldson and Hanson, JJ., ...
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• Fact Admitted In Pleadings Need Not Be Proven

  Oct 16, 2020
  Machado v. Machado, [Ms. 2190068 and 2190069, Oct. 16, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). The court (Moore, J.; Thompson, P.J., and ...
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• Oral Trust - Application of Clear and Convincing Evidence Standard at Summary-Judgment Stage

  Sep 30, 2020
  Ledbetter v. Ledbetter , [Ms. 1180200, Sept. 30, 2020] __ So. 3d __ (Ala. 2020). The Court (Parker, C.J.; Wise, Bryan, Mendheim, and Stewart, JJ., ...
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• Medical Negligence, Similarly Situated Healthcare Provider, § 6-5-548(c)(3) Ala. Code 1975 and Necessity of Expert Testimony in Medical Misrepresentation Case

  Sep 25, 2020
  Hannah v. Naughton , [Ms. 1190216, Sept. 25, 2020] ___ So. 3d ___ (Ala. 2020). The Court (Bolin, J.; Parker, C.J., and Wise, Sellers, and Stewart, ...
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• Unlawful Gambling, Public Nuisance, § 6-5-120, Ala. Code 1975 and Necessary and Indispensable Parties Under Rule 19(a) and (b) Ala. R. Civ. P.

  Sep 25, 2020
  State of Alabama v. Epic Tech, LLC , [Ms. 1180675, 1180794, Sept. 25, 2020] ___ So. 3d ___ (Ala. 2020) (consolidated). The Court (Wise, J.; Bolin, ...
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• Judgment as a Matter of Law, Respondeat Superior, Ratification, Negligent/Wanton Training, Supervision and Retention

  Sep 25, 2020
  QHG of Enterprise, Inc., d/b/a Medical Center Enterprise v. Pertuit , [Ms. 1181072, Sept. 25, 2020] ___ So. 3d ___ (Ala. 2020). The Court (Bryan, J.; ...
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• Judicial Recusal and Appellate Issue Preservation

  Sep 25, 2020
  Malloy v. Peters , [Ms. 2190452, Sept. 25, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). The court (Moore, J.; Thompson, P.J., and Donaldson, Edwards, ...
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• Civil Contempt; Rule 70A, Ala. R. Civ. P.

  Sep 25, 2020
  Williams v. Williams , [Ms. 2180981, Sept. 25, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). The court (Donaldson, J.; Edwards and Hanson, JJ., concur; ...
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• Uninsured Motorist Insurance Coverage and Public Roads

  Sep 18, 2020
  Nationwide Property and Casualty Ins. Co. v. Steward , [Ms. 1190011, Sept. 18, 2020], ___ So. 3d ___ (Ala. 2020). The Court (Parker, C.J.; Wise, ...
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• Uninsured Motorist Insurance Coverage and Stacking. § 32-7-23, Ala. Code 197

  Sep 18, 2020
  Mid-Century Insurance Co. v. Watts , [Ms. 1180852, Sept. 18, 2020] ___ So. 3d ___ (Ala. 2020). The Court (Bolin, J.; Shaw, Wise, Bryan, Sellers, ...
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• ERISA Preemption, 29 U.S.C. § 1001, et seq.

  Sep 18, 2020
  Hendrix v. United Healthcare Ins. Co. of the River Valley , [Ms. 1190107, Sept. 18, 2020] ___ So. 3d ___ (Ala. 2020). The Court (Sellers, J.; Bolin ...
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• Indispensable Party

  Sep 18, 2020
  Ex parte Advanced Disposal Services South , [Ms. 1190148, Sept. 18, 2020] ___ So. 3d ___ (Ala. 2020). The Court (Bryan, J.; Parker, C.J., and ...
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