124 results for 'court:"Alabama Court of Civil Appeals"'.
Per curiam, the court of civil appeals finds that the lower court properly entered a judgment "affirming a final decision of a county board of adjustment," which overturned the issuance of a land-use certificate. The appellants are land owners that had sought the certificate to construct lodging on property "just north of an existing marina." The board had jurisdiction to hear the appeal, and its decision was "supported by the evidentiary record and the pertinent zoning ordinance." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: August 11, 2023, Case #: CL-2022-0697, Categories: Administrative Law, Real Estate, Zoning
J. Edwards dismisses the former wife's appeal in this case concerning the former husband's alimony obligation. The judgment she seeks to appeal is not final, as the lower court failed to adequately address the interest owed by the former husband based on "his failure to pay the November 2018 attorney-fee award." Accordingly, the court lacks jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: CL-2022-1242, Categories: Family Law, Jurisdiction
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[Consolidated.] J. Edwards withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court improperly entered dependency judgments in the two cases regarding the daughters but properly entered a dependency judgment in the case regarding the son. The record shows that the father "visited the daughters regularly" and that he has gainful employment and a safe residence. However, he failed to set up "regular visits or otherwise communicate with the son for over a year." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: 2210396, Categories: Civil Procedure, Evidence, Family Law
J. Moore finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that the department failed to use "reasonable efforts to rehabilitate her and to reunite her with the child." However, her rights to another child had previously been "involuntarily terminated," meaning the department did not have a duty "to use reasonable efforts to assist the mother." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2022-1161, Categories: Civil Procedure, Family Law
J. Thompson finds that the lower court improperly modified the child custody arrangement and awarded the parties "joint legal custody and joint physical custody of the child." The lower court does not indicate which standard it utilized. Accordingly, the court cannot assess whether the lower court "properly applied the McLendon standard to the facts." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: July 28, 2023, Case #: CL-2022-1010, Categories: Civil Procedure, Family Law
J. Fridy finds that the lower court improperly ruled against the former wife in this contempt action that she brought against the former husband involving certain stock certificates. The evidence shows that the husband "willfully refused" to deliver the certificates to the former wife as required. Accordingly, the lower court erred by denying her contempt claim. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: July 28, 2023, Case #: CL-2022-1235, Categories: Contempt, Family Law, Property
J. Moore finds that the lower court properly ruled against the former husband in this dispute over the marital residence. On appeal, the husband argues that the lower court erred by modifying the divorce judgment with regard to the marital residence. However, the lower court had jurisdiction to accept the parties' settlement. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2023-0085, Categories: Family Law, Real Estate, Jurisdiction
J. Edwards dismisses the father's appeal from an adoption judgment with instructions that the juvenile court "set aside the adoption judgment and all orders entered" in the proceeding. The adoption judgment is void and cannot support an appeal, because the probate court improperly transferred the proceeding to the juvenile court "without a motion from one of the parties." Accordingly, the juvenile court lacked jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 21, 2023, Case #: CL-2022-1051, Categories: Civil Procedure, Family Law, Jurisdiction
J. Thompson partially grants the husband's petition for a writ of mandamus, in which he challenges the denial of his request for a court reporter in the underlying divorce proceeding. The petition is not moot, as the wife argues. Further, the lower court erred by denying his request for an official court reporter for the final hearing.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: July 14, 2023, Case #: CL-2023-0308, Categories: Civil Procedure, Family Law
[Consolidated.] J. Edwards finds that the lower court properly terminated the mother's parental rights to the three children. The record indicates that the mother had a history of drug abuse and mental-health issues. She was also described as "combative" by a caseworker. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 14, 2023, Case #: CL-2022-1021, Categories: Evidence, Family Law
[Consolidated.] J. Moore finds that the lower court properly terminated the parental rights of the mother and the father to the child. The mother had a history of substance abuse and mental-health issues, while the father was imprisoned in a federal penitentiary and later resided in a halfway house "that did not allow children." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 7, 2023, Case #: CL-2022-1116, Categories: Evidence, Family Law
J. Edwards dismisses this appeal from a summary judgment entered in a dispute over the renewal of a mining permit. On appeal, the water works board contends that the permit at issue had expired before the mining company filed its renewal application. However, the board's "appeal to the trial court was taken from a nonfinal order," which deprived it of jurisdiction. Accordingly, the appellate court also lacks jurisdiction to consider the appeal.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 7, 2023, Case #: CL-2022-1059, Categories: Civil Procedure, Environment, Jurisdiction
[Consolidated.] Per curiam, the court of civil appeals partially denies these three mandamus petitions challenging certain child custody orders in the juvenile court. The petitioners, which include the mother of the three children and the legal father of two of the children, had "an adequate remedy by appeal and untimely sought review of those orders."
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: June 23, 2023, Case #: CL-2022-1125, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly entered judgment in favor of the Alabama Department of Environmental Management officials in this declaratory judgment action concerning the validity of certain grievance procedures related to "complaints of unlawful discrimination." The lower court erred by failing to grant the landowners' summary judgment motion. The landowners demonstrated standing, and ADEM improperly adopted the grievance procedures "by an informal memorandum." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: June 23, 2023, Case #: 2200821, Categories: Administrative Law, Civil Procedure, Environment
J. Moore partially grants the father's petition for a writ of mandamus, in which he challenges an order in the underlying custody dispute denying his motion to dismiss. The lower court is directed to reconsider the dismissal motion and to apply the Uniform Child Custody Jurisdiction and Enforcement Act in determining jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: June 23, 2023, Case #: CL-2023-0309, Categories: Family Law, Jurisdiction
J. Hanson dismisses this appeal from a circuit court order denying the appellant's motion to vacate a default judgment against him. The breach of contract suit concerned his installation of a fence for the plaintiff property owner, and the record shows that he failed to appear for trial. He argues that "there was an error in judicial administration" that resulted in two separate case numbers. However, the circuit court lacked subject matter jurisdiction, making the judgment at issue void.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: June 23, 2023, Case #: CL-2022-1019, Categories: Civil Procedure, Jurisdiction, Contract
[Consolidated.] J. Edwards partially grants the adoptive parents' petition for a writ of mandamus, in which they challenge an order setting aside an interlocutory order of adoption. Additionally, the mother should not have been allowed "to withdraw her consent without holding a contested hearing and receiving evidence." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: June 23, 2023, Case #: CL-2023-0027, Categories: Civil Procedure, Family Law
[Consolidated.] J. Fridy finds that the lower court improperly terminated the parental rights of the mother and the father to three children. The evidence does not establish the finding "that there was no viable alternative" to termination of their rights. The department was required to show that it investigated the children's relatives to determine their suitability "to care for the children while the parents continued their efforts to rehabilitate themselves." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1182, Categories: Civil Procedure, Family Law
J. Fridy finds that the lower court properly determined that the child remained dependent and vested custody in the paternal grandmother. The department's petition properly invoked the jurisdiction of the juvenile court, and there was no error in transferring custody to the grandmother. The mother's appeal is dismissed as to the shelter-care order. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1192, Categories: Family Law, Jurisdiction
J. Fridy finds that the lower court improperly deviated from the child-support guidelines without making the required written findings in this modification proceeding. Accordingly, that part of the case must be remanded for a new judgment that either awards child support in accordance with the guidelines or provides a written justification for the deviation. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-0916, Categories: Civil Procedure, Family Law
[Consolidated.] Per curiam, the court of civil appeals finds on application for rehearing that the lower court improperly terminated the mother's parental rights to her two children. The court substitutes the current opinion, holding that "maintenance of the status quo is a viable alternative to termination." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: June 2, 2023, Case #: CL-2022-0694, Categories: Civil Procedure, Family Law