124 results for 'court:"Alabama Court of Civil Appeals"'.
Per curiam, the court of civil appeals finds that the lower court properly upheld a decision of the Alabama Medical Cannabis Commission to rescind an integrated-facility license. The judgment, which concluded that the commission "had acted within its authority" in rescinding the award, is due to be affirmed, as the the appellant company fails to challenge "the third basis for the judgment in its principal brief." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 19, 2024, Case #: CL-2023-0831, Categories: Administrative Law, Civil Procedure
J. Fridy finds that the lower court improperly granted the employers' motion for summary judgment in this breach of contract lawsuit brought by a nurse practitioner whose employment was allegedly terminated before her contract had expired. There are issues of fact precluding summary judgment on the nurse practitioner's contract claim, specifically as to whether or not she was entitled to 60 days' written notice of her termination. The order was appropriate, however, as to her conversion claim. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: April 12, 2024, Case #: CL-2023-0666, Categories: Employment, Conversion, Contract
J. Moore finds that the lower court properly granted summary judgment in favor of the appellee in this breach of contract lawsuit involving a loan agreement. The appellant contends that California law applies and that the claim was barred by the statute of limitations. However, the court concludes that "the Alabama statute of limitations applies." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 29, 2024, Case #: CL-2023-0234, Categories: Civil Procedure, Contract
[Consolidated.] Per curiam, the court of civil appeals dismisses these consolidated appeals stemming from the denial of appellant's request for declaratory and injunctive relief in its action against the Alabama Medical Cannabis Commission. The dispute involves the appellant's "failure to file a timely application for a medical-cannabis dispensary license" and the commission's refusal to allow a late application. The lower court lacked subject matter jurisdiction, however, because the complaint was filed "solely against the AMCC." Accordingly, the subsequent proceedings were void, and the appeals are due to be dismissed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: March 29, 2024, Case #: CL-2023-0352, Categories: Civil Procedure, Jurisdiction
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Per curiam, the court of civil appeals finds that this appeal must be dismissed based on a lack of jurisdiction. The appellant insurance company appeals from an order in the lower court granting a motion to enforce a settlement agreement. The court agrees with the appellees' argument that the order is "an interlocutory order granting an injunction." Accordingly, the company's appeal was untimely.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: March 29, 2024, Case #: CL-2023-0501, Categories: Civil Procedure, Settlements
[Consolidated.] J. Moore finds that the lower court improperly terminated the mother's parental rights to her two children. The evidence does not sufficiently support the findings, as it only consisted of "nine pages of transcript testimony of one witness." The case is accordingly remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0809, Categories: Evidence, Family Law
J. Moore finds that the lower court improperly terminated the mother's parental rights to her child. The evidence does not sufficiently show that she abandoned the child or that she failed to provide for the child's needs, as she maintained custody "until DHR intervened" due to an alleged substance abuse problem and she exercised her right to visitation. The matter is remanded, and the lower court is directed to vacate its abandonment finding, as well as the finding that she "failed to provide for the material needs of the child." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0517, Categories: Civil Procedure, Family Law
J. Moore grants in part the mother's petition for a writ of mandamus, in which she challenges certain pendente lite orders in the underlying custody dispute. The mother's request is granted as to the child-support order, but denied as to the custody order. The lower court "relied exclusively" on the father's motion in determining that the mother should pay him pendente lite child support.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 1, 2024, Case #: CL-2023-0814, Categories: Civil Procedure, Family Law
Per curiam, the court of civil appeals finds that this appeal must be dismissed as being taken from a nonfinal judgment. The judgment terminated the parental rights of the mother and the father, but it did not contain a "provision continuing permanent custody of the child with the paternal grandparents or issuing a new award of permanent custody to them." Accordingly, the judgment will not support an appeal.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: March 1, 2024, Case #: CL-2023-0198, Categories: Civil Procedure, Family Law
[Consolidated.] J. Edwards finds that the lower court properly entered a modification judgment reducing the former husband's monthly alimony obligation. On appeal, the former husband contends that the alimony should have been terminated. However, the ruling was sufficiently supported by the evidence, as the former wife's testimony indicated a continuing need for alimony. Additionally, the former husband's mandamus petition is denied. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0446, Categories: Civil Procedure, Family Law
[Consolidated.] J. Edwards finds that the lower court properly terminated the parental rights of the father but improperly terminated the mother's parental rights in these consolidated cases. The evidence sufficiently supports the lower court's abandonment finding, as to the father. The record does not show, however, that there was "no viable alternative to the termination of the mother's parental rights." Specifically, there was no evidence that the maternal aunt "knew that the children had been removed from the mother's custody." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0393, Categories: Civil Procedure, Family Law
J. Fridy grants the maternal grandmother's petition for a writ of mandamus, in which she challenges a juvenile court order "stating that all requested relief and causes of action" were transferred to the circuit court. The juvenile court's prior order "purporting to transfer the modification action to the circuit court" was a nullity. Accordingly, the grandmother is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: February 16, 2024, Case #: CL-2023-0820, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly entered a divorce judgment that failed to comply with the statutory requirements, specifically as to the alimony awarded. The amended judgment did not indicate that "rehabilitation was not feasible, nor did it make any of the other findings that would justify awarding periodic alimony as opposed to rehabilitative alimony." Accordingly, the matter is remanded for the lower court to make the necessary findings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: February 16, 2024, Case #: CL-2023-0511, Categories: Civil Procedure, Family Law
J. Edwards denies the mother's petition for a writ of mandamus, in which she seeks an order for a forensic examination of the child and the disclosure of the child's mental-health records in the underlying custody dispute. The mother's petition was untimely filed as to her request for a forensic examination, and she fails to adequately argue her issue regarding the child's records.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 16, 2024, Case #: CL-2023-0903, Categories: Civil Procedure, Family Law, Health Care
Per curiam, the court of civil appeals finds that the lower court improperly entered a judgment on the pleadings in favor of the employer in this workers' compensation lawsuit. The former employee asserted that she had contracted Covid-19 while "in the line and scope of her employment." The court will not rule that it is "not compensable under the Act as a matter of law." Accordingly, the employee should be allowed an opportunity to support her claim. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0239, Categories: Employment, Health Care, Workers' Compensation
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court properly awarded custody of the children to the mother and awarded the father supervised visitation. The lower court had jurisdiction to enter its dependency judgments, and the father fails to argue on appeal that the evidence is insufficient to support "the implicit dependency determination." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0286, Categories: Evidence, Family Law, Jurisdiction
[Consolidated.] J. Moore finds that the lower court properly ruled that the child at issue in these consolidated appeals "remained dependent as to the mother" and properly continued the mother's "supervised visitation with the child." Additionally, the foster parents' termination petition was properly denied, along with their petition for adoption. As to the father, the lower court erred in determining the child to be dependent as to him, and the case is accordingly remanded for further proceedings. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2022-1246, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly awarded rehabilitative alimony without making the express findings of fact required to support the award. Accordingly, the matter is due to be remanded. The court does not currently have jurisdiction over the husband's appeal, however, insofar as it pertains to the alimony in gross. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2023-0020, Categories: Civil Procedure, Family Law
J. Friday finds the trial court erred in granting the father’s protection for abuse order against the boyfriend, because the boyfriend did not commit any act of domestic violence against the father’s minor daughter as defined by the statute. Further, the minor daughter’s act of running away with the boyfriend to escape her father’s strict household was both deliberate and consensual. Reversed and remanded.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: January 19, 2024, Case #: CL-2023-0221, Categories: Family Law, Restraining Order