124 results for 'court:"Alabama Court of Civil Appeals"'.
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court improperly established the mother's visitation based on "the discretion of the custodians (and the children)." The visitation provisions provided the mother with "only an illusory right to visitation." There was no error, however, in finding the children to be dependent. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: November 9, 2023, Case #: CL-2022-1176, Categories: Civil Procedure, Family Law
J. Fridy finds that the lower court improperly permitted the mother to relocate with the child to Georgia and modified the father's visitation in this dispute between two parents following their divorce. The trial court erred by admitting certain exhibits, which "contained inadmissible hearsay," and the error was not harmless. Contrary to the mother's argument, the exhibits were not cumulative of other testimony. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: November 9, 2023, Case #: CL-2022-1265, Categories: Civil Procedure, Evidence, Family Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Fridy finds that the lower court improperly awarded the wife alimony and divided the marital property in this divorce action, but properly invalidated the parties' postnuptial agreement. The lower court did not make the required findings in awarding the wife alimony. However, the record sufficiently supports a finding that the postnuptial agreement was invalid. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: November 9, 2023, Case #: CL-2022-1230, Categories: Evidence, Family Law
J. Thompson finds that the lower court properly entered an order relieving the department of human resources of the requirement "that it provide reunification services to the father" after the child was taken into protective custody. The lower court did not err in its decision, given the facts and "the length of time the child had been in foster care." Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: November 3, 2023, Case #: CL-2023-0232, Categories: Family Law
Per curiam, the court of civil appeals finds that the lower court properly terminated the father's parental rights to the child. The father argues on appeal that the status quo was an alternative to the termination of his rights. However, the court notes that the father and the child "have no relationship, much less a beneficial one worthy of preserving." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: November 3, 2023, Case #: CL-2023-0256, Categories: Family Law
[Consolidated.] J. Edwards finds that the lower court properly denied the mother's custody-modification petitions. The mother fails to show that the application of the McLendon standard violated her due process or equal protection rights. Also, the evidence does not show that placement with the mother would promote the best interests of the children. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: November 3, 2023, Case #: CL-2023-0074, Categories: Evidence, Family Law
[Consolidated.] J. Fridy finds that the lower court properly terminated the mother's parental rights to five of her six children but improperly terminated her parental rights to the sixth child. The department failed to show that "the status quo was not a viable alternative to terminating the mother's parental rights" to the sixth child, who has special needs and is currently in foster care. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: October 27, 2023, Case #: CL-2023-0179, Categories: Evidence, Family Law
J. Fridy grants the maternal grandmother's petition for a writ of mandamus, in which she challenges the juvenile court's transfer order in the underlying modification action. The maternal grandmother contends that the injunction against her is inequitable, and the juvenile court has jurisdiction to consider the issue. Accordingly, she is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: October 27, 2023, Case #: CL-2023-0523, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly denied the mother's Rule 60(b) motion seeking relief from a prior judgment regarding the stepmother's adoption petition. The mother was entitled to a hearing on her motion, as she asserts that she did not receive "notice of the pending adoption" and that the father and stepmother had known her whereabouts "at all times." Accordingly, the matter is remanded for a hearing on whether service by publication was appropriate. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0259, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly denied the maternal grandparents' motion to intervene in this dependency action to the extent that they sought permissive intervention. It was an abuse of discretion to deny the grandparents' motion, as they sought "custody of the child through the dependency proceedings." The court notes that allowing them to intervene will not "unduly complicate or lengthen" the proceeding. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0223, Categories: Civil Procedure, Family Law
Per curiam, the court of civil appeals finds that the lower court properly dismissed the pro se appellant's lawsuit as to the deputy, in this case asserting claims for abuse of process and false arrest. The appellant's voluntary dismissal did not apply to his claims against the deputy, since the deputy "had already filed a motion for a summary judgment." His appeal is dismissed, however, as it pertains to certain orders awarding attorney fees and costs, since those orders are void. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: September 29, 2023, Case #: CL-2022-0847, Categories: Civil Procedure, Attorney Fees
J. Moore finds that the lower court properly entered summary judgment in favor of the parents on the paternal grandfather's visitation claim. The court notes that the judgment is final, even though the father did not file a summary judgment motion. Additionally, the grandfather fails to establish that there are any genuine issues for trial. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 29, 2023, Case #: CL-2023-0110, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly dismissed the father's post-divorce action as a discovery sanction when it concluded that he had failed to comply with certain orders "to disclose his addresses and to produce the financial documents." However, the record does not show that he "willfully disobeyed the trial court" as to his addresses or as to certain bank records. Accordingly, the lower court could have imposed a lesser sanction. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 15, 2023, Case #: CL-2022-1175, Categories: Family Law, Sanctions
J. Moore grants the individual driver's petition for a writ of mandamus, in which he challenges the denial of his dismissal motion in connection with an appeal in the underlying personal injury case. The notice of appeal was untimely filed, meaning the lower court did not acquire appellate jurisdiction. Accordingly, the petitioner is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 8, 2023, Case #: CL-2023-0467, Categories: Civil Procedure, Tort, Jurisdiction
J. Edwards finds that the lower court improperly entered a final judgment in this case concerning child custody and visitation. The hearings were meant to be on the issue of the mother's ex parte motion and "whether to extend the ex parte order" that temporarily suspended the father's visitation. Accordingly, the lower court erred by adjudicating "the entirety of the modification action." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: September 8, 2023, Case #: CL-2022-1290, Categories: Civil Procedure, Family Law
J. Moore grants the application for rehearing and substitutes the current opinion, holding that the lower court improperly entered judgment for the Alabama Department of Environmental Management officials in this declaratory judgment action concerning the validity of certain grievance procedures, which were contained in a memorandum. The lower court erred in determining that the plaintiff landowners "lacked standing to challenge the grievance procedures." Additionally, the department failed to follow proper rulemaking procedures. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 8, 2023, Case #: 2200821, Categories: Administrative Law, Environment
J. Hanson finds that the lower court improperly awarded permanent custody of the child to the paternal grandfather and his spouse. The mother correctly argues that the evidence does not support the finding that the child remained dependent at the time of the hearing, as she was "able to care for the child." The record does not clearly show that the child was dependent, as the mother testified that she was employed and that she "provides for the child's needs." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: September 1, 2023, Case #: CL-2022-0764, Categories: Evidence, Family Law
J. Fridy denies the department's petition for a writ of mandamus, in which it challenges the denial of its dismissal motion in the underlying proceeding regarding an individual's unemployment-compensation benefits. The lower court has jurisdiction "to review the question of the timeliness" of the individual's initial administrative appeal. Accordingly, the department is not entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: August 25, 2023, Case #: CL-2023-0346, Categories: Civil Procedure, Employment
J. Edwards finds that the lower court improperly awarded alimony to the wife in this divorce proceeding when it failed to make the required findings in order to "evaluate the evidence in light of the type of alimony awarded." Accordingly, the matter is remanded on this issue. Also, the lower court must consider the division of marital property, along with the alimony award. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 25, 2023, Case #: CL-2023-0012, Categories: Family Law, Property
J. Edwards finds that the lower court improperly denied the appellant entities' motion to intervene in this lawsuit brought under the Alabama Environmental Management Act against a waterworks board. The record does not show that their motion was untimely filed, and the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 25, 2023, Case #: CL-2023-0002, Categories: Civil Procedure, Environment
[Consolidated.] J. Edwards finds that the lower court improperly terminated the mother's parental rights to the two children. The custodian had the burden of establishing the grounds for termination, and he "failed to do so." Specifically, the evidence did not support a finding that "the mother had abandoned the children." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 11, 2023, Case #: CL-2022-1244, Categories: Evidence, Family Law