Ala. Code
Code of Alabama

Ala. Code § 12-1-4 (2026)

Transfer of Cases Improperly Submitted to Supreme Court or Courts of Appeals.

✓ official Alabama Legislature (ALISON) text, current July 2026
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When any case is submitted to the Supreme Court which should have gone to one of the courts of appeals or is submitted to one court of appeals when it should have gone to the other, it must not be dismissed but shall be transferred to the proper court; and, when any case is submitted to a court of appeals which should have gone to the Supreme Court, it shall be transferred to the Supreme Court.

(Acts 1969, No. 987, p. 1744, §11.)

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1997–2025 · leading case: Thompson v. Bd. of Pardons & Paroles, 806 So. 2d 374 (Ala. 2001).
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Thompson v. Bd. of Pardons & Paroles, 806 So. 2d 374 (Ala. 2001). · cites it 2× “Pursuant to § 12-1-4, Ala.Code 1975, the Court of Criminal Appeals transferred the case to the Court of Civil Appeals.”
Ruiz v. Nat'l Dairy, LLC, 164 So. 3d 602 (Ala. Civ. App. 2014). · cites it 2× “See Ala.Code 1975, § 12-1-4 (“[Wjhen any case is submitted to a court of appeals which should have gone to the Supreme Court, it shall be transferred to the Supreme Court.”
R.B.Z. v. Warwick Dev. Co., 725 So. 2d 257 (Ala. 1997). · cites it 2× “” If on a notice of appeal an appellant erroneously designates the court to which the appeal is taken, the appellate court to which the appeal is taken “shall” transfer the case to the proper court: “When any case is submitted to the Supreme Court which should have gone to one…”
Khalidi v. Weeks Fam. P'ship, 912 So. 2d 256 (Ala. Civ. App. 2005). “Following a hearing, the trial court, without stating its rationale, denied Khali-di’s summary-judgment motion, granted Weeks’s summary-judgment motion, and entered a summary judgment in favor of Weeks.”
Batey v. Dare, 742 So. 2d 194 (Ala. Civ. App. 1999). “Accordingly, we transfer this case to the Court of Criminal Appeals, pursuant to § 12-1-4, Ala.Code 1975. APPEAL TRANSFERRED.”
Ex Parte RBZ, 725 So. 2d 257 (Ala. 1997). · cites it 2× “" If on a notice of appeal an appellant erroneously designates the court to which the appeal is taken, the appellate court to which the appeal is taken "shall" transfer the case to the proper court: "When any case is submitted to the Supreme Court which should have gone to one…”
Glenbrook at Oxmoor I, LLC v. Barnett (Ex parte Barnett), 248 So. 3d 981 (Ala. Civ. App. 2017). · cites it 2× “See Ala. Code 1975, § 12-1-4. PETITION TRANSFERRED.”
Carl Michael Seibert v. Lorri Ann Fields (Ala. Civ. App. 2023). · cites it 2× “Ala. Code 1975, § 12-1-4 (authorizing transfer of appeals between appellate courts).”
Ex parte Danny Rogers PETITION FOR WRIT OF MANDAMUS (In re: United Servs. Auto. Ass'n v. Jefferson Cnty. Sheriff's Off.) (Jefferson Circuit Court: CV-23-903923). (Ala. Civ. App. 2025). · cites it 2× “See Ala. Code 1975, § 12-1-4. Issue Rogers argues that the circuit court erred in not dismissing the second amended complaint because, he says, (1) the original complaint did not invoke the subject-matter jurisdiction of the circuit court, and, thus, all subsequent amendments…”
Traveka Stanley, Reginald Burrell, Charlie Gray, Jermaine Pringle, & Ranquel Smith v. Kay Ivey, Governor of Alabama, & John Hamm, Comm'r of the Alabama Dep't of Corr., in their Off. capacities (Ala. 2025). · cites it 2× “etimes make mistakes, and in those situations in which it is clear that a case should have gone to the Court of Civil Appeals when the appeal has been filed in the Supreme Court or it is clear that the case should have gone to the Supreme Court when the appeal has been filed in…”
Smith v. Houston, 71 So. 3d 721 (Ala. Crim. App. 2010). · cites it 2× “The Court of Civil Appeals then transferred the appeal to the Supreme Court, which stated: “The Court of Civil Appeals recognized that it did not have jurisdiction over the case, because it concerned a matter not expressly assigned to that court by § 12-3-10, Ala.”
1 Quick Bail Bonds, LLC v. State, 262 So. 3d 1222 (Ala. Civ. App. 2017). “Because the amount involved exceeds $50,000, we transferred 1 Quick's appeal to the supreme court, pursuant to § 12-1-4, Ala. Code 1975. The supreme court then transferred 1 Quick's appeal to this court, pursuant to § 12-2-7(6), Ala.”
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