Code of Alabama
Ala. Code § 12-2-13 (2026)
Standard for Decision of Cases in Which Existing Opinion and Former Ruling in Case Conflict.
✓ official Alabama Legislature (ALISON) text, current July 2026
The Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to such former ruling on the law by it; but the right of third persons, acquired on the faith of the former ruling, shall not be defeated or interfered with by or on account of any subsequent ruling.
(Code 1867, §666; Code 1876, §579; Code 1886, §683a; Code 1896, §3840; Code 1907, §5965; Code 1923, §10287; Code 1940, T. 13, §28.)
Notes of Decisions
Cited in 7
cases, 1980–2017 · leading case: Ex Parte James, 836 So. 2d 813 (Ala. 2002).
Ex Parte James, 836 So. 2d 813 (Ala. 2002). “Alabama Code 1975, § 12-2-13, provides: "The Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to such former ruling on…”
Papastefan v. B & L CONST. CO., INC., 385 So. 2d 966 (Ala. 1980). “13, § 28, Code of 1940), states in part: The supreme court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to such former ruling on…”
Edgar H. Battle, D/B/A Edgar H. Battle Funeral Home v. Liberty Nat'l Life Ins. Co., Aubrey Carr, James L. Taylor, as the Adm., Etc., 877 F.2d 877 (11th Cir. 1989). “If the injunction had not halted this trial, the record might well have been developed to demonstrate that, as argued by Liberty National, sufficient notice of the settlement had been given to the Taylors.”
Sonnier v. Talley, 806 So. 2d 381 (Ala. 2001). “Sonnier should have raised the relation-back issue on application for rehearing in Sonnier II ignores established caselaw, is inconsistent with the practical application of the Alabama Rules of Civil Procedure and seeks to nullify § 12-2-13, Alabama Code 1975. Discussion We do…”
Honea v. Raymond James Fin. Servs., Inc., 240 So. 3d 550 (Ala. 2017). “24 Section 12-2-13, Ala. Code 1975, expressly provides that "[t]he Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to…”
United Land Corp. v. DRUMMOND CO., INC., 990 So. 2d 858 (Ala. 2008). “[4] Because we do not deem it necessary to revisit our earlier holding on the premise that it was wrongly decided, we need not deal with the effect of § 12-2-13, Ala.Code 1975 ("The Supreme Court, in deciding each case when there is a conflict between its existing opinion and…”
Alabama Coalition for Equity, Inc. v. James, 836 So. 2d 813 (Ala. 2002). “Alabama Code 1975, § 12-2-13, provides: “The Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to such former ruling on…”
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