127 results for 'court:"Alabama Court of Civil Appeals"'.
[Consolidated.] Per curiam, the court of civil appeals partially grants the parents' mandamus petitions, in which they challenge the juvenile court's jurisdiction in the underlying custody proceedings. The juvenile court is directed to dismiss the custody petitions filed by the former foster mother due to a lack of subject matter jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: May 24, 2024, Case #: CL-2023-0506, Categories: Family Law, Jurisdiction
J. Hanson finds that the lower court improperly denied the father's postjudgment motion by operation of law as it related to an award for retroactive child support. Accordingly, the matter is remanded so that a hearing can be held on that issue. The part of the judgment regarding visitation is due to be affirmed, however, based on the best interests of the child. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 24, 2024, Case #: CL-2023-0544, Categories: Civil Procedure, Family Law
J. Hanson grants in part the husband's petition for a writ of mandamus, in which he challenges certain rulings in the underlying divorce proceeding. Specifically, his motion is granted as to the order sealing the record, based on the lower court's "failure to make explicit findings regarding whether the record in this case should be sealed." The lower court should make written findings in compliance with the Holland requirements.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 24, 2024, Case #: CL-2024-0024, Categories: Civil Procedure, Family Law
J. Hanson finds that the lower court improperly entered judgment in this divorce proceeding, specifically as it relates to alimony. The judgment lacked express findings, and the matter is remanded so that the lower court can comply with "Merrick and its progeny" in connection with Section 30-2-57. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 17, 2024, Case #: CL-2023-0679, Categories: Civil Procedure, Family Law
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J. Hanson dismisses this appeal from a dependency proceeding, in which the lower court declined to make a determination of dependency and instead declared the minor to be an adult. The minor had reached the age of 18 on the day before the final judgment, meaning the lower court lost jurisdiction "so as to prevent it from further addressing the minor's status in the manner sought by the dependency petition." Accordingly, the judgment does not support an appeal.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 17, 2024, Case #: CL-2023-0812, Categories: Civil Procedure, Family Law, Jurisdiction
J. Fridy finds that the lower court improperly ordered a change in the child's last name, specifically to include a hyphen and the father's surname. The father did not establish that the change would be in the child's best interest. The rest of the judgment is due to be affirmed, however, including the custody determination awarding "the mother and the father joint legal and joint physical custody, rotating physical custody week to week." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: May 17, 2024, Case #: CL-2023-0561, Categories: Evidence, Family Law
J. Hanson finds that the lower court properly terminated the parental rights of the mother to the child. The mother, who resides in Guatemala, failed to raise her due process argument regarding compliance with the Vienna Convention before the juvenile court. Also, the lower court did not err in its finding that she could communicate well enough with her attorney, despite the lower court not providing her an interpreter in her primary language. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 10, 2024, Case #: CL-2023-0102, Categories: Family Law, International Law
J. Hanson dismisses the appeal in this dispute between property owners involving a roadway that allegedly separates the parties' properties. The contempt judgment at issue is void, as the appellee failed to properly adhere to certain precedents before seeking a judgment of contempt against the appellant. The court notes that the dismissal is without prejudice, however.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 3, 2024, Case #: CL-2023-0421, Categories: Civil Procedure, Contempt, Real Estate
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: Evidence, Family Law, Attorney Fees
J. Lewis finds that the lower court properly terminated the mother's parental rights to the child. The mother contends that the lower court erred by denying her attorney's oral motion for a continuance. However, she failed to preserve her due process argument for appellate review. Additionally, the ruling was not an abuse of discretion. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0765, Categories: Civil Procedure, Family Law
Per curiam, the court of civil appeals grants the law firm's petition for a writ of mandamus, in which it challenges a nonparty subpoena requiring the firm to provide the password to a certain iCloud account. The court does not grant "the specific relief requested," but it directs the lower court to either quash or modify the subpoena "in accordance with this opinion." Without modification, the subpoena would provide access to confidential communications that are protected under the attorney-client privilege.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0811, Categories: Civil Procedure, Discovery, Privilege
[Consolidated.] J. Lewis finds that the lower court improperly ruled in this divorce proceeding. Specifically, the lower court failed to make certain findings in support of the periodic alimony award. Accordingly, the lower court must also "reconsider the division of marital property along with its determination of the alimony issue." The child support award should also be reconsidered, based on a failure to include all of the husband's income. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0584, Categories: Civil Procedure, Family Law
Per curiam, the court of civil appeals finds that the lower court properly determined the child to be dependent and awarded sole custody to the maternal grandparents. The father contends that the lower court erred by "finding the child dependent as to him." However, the record shows that the mother abandoned the child by relinquishing her rights to the grandparents, meaning the dependency ruling was appropriate. Also, there was no abuse of discretion with the custodial ruling. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0616, Categories: Evidence, Family Law
J. Moore finds that the lower court improperly awarded the father visitation, "with the right to delegate his visitation rights" to the paternal grandparents. The ruling was improper, as it was "the equivalent of awarding the paternal grandparents visitation rights," without meeting certain requirements under the Grandparent Visitation Act. Accordingly, the case is remanded with instructions. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: April 19, 2024, Case #: CL-2023-0201, Categories: Civil Procedure, Family Law
J. Hanson finds that the lower court improperly determined the mother's child-support obligation. The record does not establish how the lower court determined the mother's gross monthly income "for the purposes of calculating her child-support obligation." The parts of the judgment regarding child custody and visitation are affirmed, however. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: April 19, 2024, Case #: CL-2023-0338, Categories: Evidence, Family Law
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
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