Alabama Appellate Watch
The Alabama Appellate Watch is a blog devoted to Alabama civil appellate issues and developments. This blog is published by Lightfoot Franklin White, LLC.
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Recent Articles
Cases Released December 31, 2008
From the Supreme Court of Alabama: Lawson v. Moore Henriksen v. Roth From the Alabama Court of Civil Appeals: Alabama Department of Revenue v. Harris B.L.T. v. V.T. and D.T. Chaney, et al. v. Ala West-AL, LLC Dunn v. Dunn Alabama State Personnel Board v. Hardy Lambert v. Lambert Cochran v....
Various Notes From Decisions of December 19, 2008
No decision released on December 19, 2008 turned centrally on a question of post-judgment or appellate law. Consequently, no one case seemed worth summarizing here. Several familiar points of appellate law did arise in these cases, though. Hoping that readers will find it useful, we...
Cases Released on December 19, 2008
From the Supreme Court of Alabama: Ex Parte Governor Bob Riley and Robert L. Childree, comptroller of the State of Alabama Petition of Writ of Mandamus (In re: Joint Fiscal Committee of the Alabama legislature, et al. v. Governor Bob Riley and Comptroller Robert Childree) From the Alabama Court of...
Cases Related on December 19, 2008
From the Supreme Court of Alabama: Ex Parte Governor Bob Riley and Robert L. Childree, comptroller of the State of Alabama Petition of Writ of Mandamus (In re: Joint Fiscal Committee of the Alabama legislature, et al. v. Governor Bob Riley and Comptroller Robert Childree) From the Alabama Court of...
Alabama Supreme Court Holds that Exxon is Not Liable For Post-Judgment Interest on Declaratory Judgment Because the Judgment Was Not a Money Judgment
In Exxon Mobil Corp. v. State Dep’t. of Conservation and Natural Res., No. 1070716, released December 12, 2008, the Alabama Supreme Court held that a judgment ordering Exxon to compute royalties “according to the leases as interpreted by the jury,” was not a money judgment and...
Alabama Supreme Court Holds that Exxon is Not Entitled to Post-Judgment Interest on Declaratory Judgment Because the Judgment Was Not a Money Judgment
In Exxon Mobil Corp. v. State Dep’t. of Conservation and Natural Res., No. 1070716, released December 12, 2008, the Alabama Supreme Court held that a judgment ordering Exxon to compute royalties “according to the leases as interpreted by the jury,” was not a money judgment and...
The Ninety-Day Rule Strikes Again: Untimely Appeal Dismissed
In McAfee v. Garrison, No. 2070857, released December 12, the Court of Civil Appeals dismissed an appeal as untimely where the father’s notice of appeal was not filed within 42 days of the denial of his post-judgment motions as a matter of law. The trial court entered a judgment on January...
Court of Civil Appeals Reverses Trial Court's Setting Aside of a Domesticated Default Judgment Pursuant to Rule 60(b)
In Cambria v. Worldwide Custom Materials, Inc., No. 2070855, released by the Alabama Court of Civil Appeals, the court reversed the trial court’s order setting aside a domesticated default judgment pursuant to Rule 60(b). Cambria sued Worldwide Custom Materials, Bramlett, and Groves in...
Cases Released December 12, 2008
From the Supreme Court of Alabama: Brown v. ABUS Kransysteme GmbH Alabama Department of Conservation and Natural Resources, et al. v. Exxon Mobil Corporation f/k/a Exxon Corporation Southland Bank v. A&A Drywall Supply Company, Inc. Alabama Department of Corrections v. Montgomery County...
Failure to Attach Relevant Documents to Mandums Petition Leads to Denial
In Ex parte Allianz Ins. Co. of North America, [Ms. 1070114] (Ala. Dec. 5, 2008), the Court demonstrated the importance of attaching all necessary documents to a petition for writ of mandamus. The petitioners sought a writ of mandmus to have an order compelling discovery reversed. ...
