29 Alabama opinions name it 2 courts 1981–2017 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rg v. Gggreen2 sentences2017Id. " R.G. v. G.G. , 771 So.2d 490 , 494 (Ala. Civ. 2011Finally, if a provision of an agreement is certain and clear, it is the duty of the trial court to determine its meaning, and the court’s determination is afforded a heavy presumption of correctness and will not be disturbed unless it is clearly erroneous. m: “771 So.2d at 494. | 6 | 9 |
Granger v. Grangergreen1 sentence2011See also Ex parte Littlepage, 796 So.2d 298, 301 (Ala.2001); Van Allen v. Van Allen, 812 So.2d 1276, 1277 (Ala.Civ.App.2001); and Granger v. Granger, 804 So.2d 217, 219 (Ala.Civ.App.2001). | 1 | 1 |
Van Allen v. Van Allengreen1 sentence2011See also Ex parte Littlepage, 796 So.2d 298, 301 (Ala.2001); Van Allen v. Van Allen, 812 So.2d 1276, 1277 (Ala.Civ.App.2001); and Granger v. Granger, 804 So.2d 217, 219 (Ala.Civ.App.2001). | 1 | 1 |
Ex Parte Littlepagegreen1 sentence2011See also Ex parte Littlepage, 796 So.2d 298, 301 (Ala.2001); Van Allen v. Van Allen, 812 So.2d 1276, 1277 (Ala.Civ.App.2001); and Granger v. Granger, 804 So.2d 217, 219 (Ala.Civ.App.2001). | 1 | 1 |
Wimpee v. Wimpeegreen2 sentences1999The interpretation made by the trial court is accorded a heavy presumption of correctness and will not be disturbed unless it is palpably erroneous." Wimpee v. Wimpee , 641 So.2d 287 , 288 (Ala.Civ.App. 1994). 1999The interpretation made by the trial court is accorded a heavy presumption of correctness and will not be disturbed unless it is palpably erroneous." Wimpee v. Wimpee, 641 So.2d 287, 288 (Ala.Civ.App.1994). | 1 | 1 |
Countyof Oneida v. Oneida Indian Nation of NYgreen1 sentence1995While the impossibility of the lawyers being in two places at once may require some accommodation in scheduling, it seems to me that the heavy presumption should be that the arbitration and the lawsuit will each proceed in its normal course." 470 U.S. at 225 , 105 S.Ct. at 1245. | 1 | 1 |
Mass Appraisal Services, Inc. v. Carmichaelgreen1 sentence1992In considering the weight an appellate court should accord such a finding, our supreme court has held: "In light of the fact the evidence in this case was adduced ore tenus, the findings of fact by the trial court made after a determination that ambiguity existed as a matter of law, are to be accorded a heavy presumption of validity, and they will not be disturbed unless palpably erroneous." Carmichael at 673 (citation omitted). | 1 | 1 |
Johnson v. Passmoregreen2 sentences1992Applying the aforementioned standard of review to this case, we cannot hold that the trial court's findings of fact were palpably erroneous, that is, that the sewage system was not within the scope of the term "structural members." In Johnson v. Passmore , 581 So.2d 830 (Ala. 1991), our supreme court reaffirmed the general rule that "covenants to repair will not be implied, and the burden is on the tenant alleging the existence of such a covenant to prove its existence." Johnson at 832 (citations omitted). 1992Applying the aforementioned standard of review to this case, we cannot hold that the trial court's findings of fact were palpably erroneous, that is, that the sewage system was not within the scope of the term "structural members." In Johnson v. Passmore , 581 So.2d 830 (Ala. 1991), our supreme court reaffirmed the general rule that "covenants to repair will not be implied, and the burden is on the tenant alleging the existence of such a covenant to prove its existence." Johnson at 832 (citations omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vainrib v. Downey
green
2 sentences2017Id. " R.G. v. G.G. , 771 So.2d 490 , 494 (Ala. Civ. 2000Id. | 3 | 2000–2017 |
Chapman v. Chapman
green
2 sentences2014However, if a term in a trial court’s judgment is ambiguous, then the trial court’s interpretation of that term ‘is accorded a heavy presumption of correctness and will not be disturbed unless it is palpably erroneous.’ Chapman, 634 So.2d at 1025 .” ’ “Given the nature of the award made by the arbitrators in this case and the nature of the resulting judgment the circuit court properly ordered the clerk to enter, it is apparent that the circuit court must take some additional responsibility for enforcing that award and the resulting judgment. 2012However, if a term in a trial court’s judgment is ambiguous, then the trial court’s interpretation of that term “is accorded a heavy presumption of correctness and will not be disturbed unless it is palpably erroneous.” Chapman, 634 So.2d at 1025 .’ ” Given the nature of the award made by the arbitrators in this case and the nature of the resulting judgment the circuit court properly ordered the clerk to enter, it is apparent that the circuit court must take some additional responsibility for enforcing that award and the resulting judgment. | 3 | 2000–2014 |
Dean Witter Reynolds Inc. v. Byrd
green
2 sentences2000Justice Lyons, writing specially in Med Center Cars, Inc. v. Smith , 727 So.2d 9 (Ala. 1998), spoke to a trial court's wide discretion in managing a case by either staying or not staying judicial proceedings involving both arbitrable and nonarbitrable issues: "Although the main opinion recognizes that whether to stay the nonarbitrable claims was discretionary with the trial court, it expressly notes Justice White's special concurrence in Dean Witter Reynolds, Inc. v. Byrd , 470 U.S. 213 , 225 , 105 S.Ct. 1238 , 84 L.Ed.2d 158 (1985), in which he opines that `the heavy presumption should be tha 2000Justice Lyons, writing specially in Med Center Cars, Inc. v. Smith , 727 So.2d 9 (Ala. 1998), spoke to a trial court's wide discretion in managing a case by either staying or not staying judicial proceedings involving both arbitrable and nonarbitrable issues: "Although the main opinion recognizes that whether to stay the nonarbitrable claims was discretionary with the trial court, it expressly notes Justice White's special concurrence in Dean Witter Reynolds, Inc. v. Byrd , 470 U.S. 213 , 225 , 105 S.Ct. 1238 , 84 L.Ed.2d 158 (1985), in which he opines that `the heavy presumption should be tha | 3 | 1995–2000 |
Ford v. Alabama By-Products Corp.
green
2 sentences1986Ford v. Alabama By-Products Corp., 392 So.2d 217 (Ala.1980). 1985Ford v. Alabama ByProducts Corp., 392 So.2d 217 (Ala.1980).” See also Harrelson v. Glisson, 424 So.2d 591 (Ala.1982). | 3 | 1981–1986 |
Grizzell v. Grizzell
green
2 sentences1994Grizzell v. Grizzell, 583 So.2d 1349 (Ala.Civ.App.1991). 1994Grizzell v. Grizzell , 583 So.2d 1349 (Ala.Civ.App. 1991). | 2 | 1994–1994 |
Southeast Construction, L.L.C. v. War Construction, Inc.
green
1 sentence2014To the extent WAR complains in its petition of the circuit court’s reluctance to do so, we agree with WAR and, accordingly, order the circuit court to take appropriate action to enforce the judgment it has en tered based upon the arbitrators’ award.” SEC I, 110 So.3d at 377-78 . | 1 | 2014–2014 |
Routzong v. Baker
green
1 sentence2012Id.’ ” Routzong v. Baker, 20 So.3d at 806 (quoting R.G. v. G.G., 771 So.2d 490, 494 (Ala.Civ.App.2000)). | 1 | 2012–2012 |
State Personnel Bd. v. Akers
green
1 sentence2002Bd. v. Akers , 797 So.2d 422 , 424-25 (Ala. 2000) (citations omitted). | 1 | 2002–2002 |
Med Center Cars, Inc. v. Smith
green
1 sentence2000Justice Lyons, writing specially in Med Center Cars, Inc. v. Smith , 727 So.2d 9 (Ala. 1998), spoke to a trial court's wide discretion in managing a case by either staying or not staying judicial proceedings involving both arbitrable and nonarbitrable issues: "Although the main opinion recognizes that whether to stay the nonarbitrable claims was discretionary with the trial court, it expressly notes Justice White's special concurrence in Dean Witter Reynolds, Inc. v. Byrd , 470 U.S. 213 , 225 , 105 S.Ct. 1238 , 84 L.Ed.2d 158 (1985), in which he opines that `the heavy presumption should be tha | 1 | 2000–2000 |
Patterson v. Laney
neutral
1 sentence1991Patterson v. Laney , 549 So.2d 489 (Ala.Civ.App. 1989). | 1 | 1991–1991 |
Lammons v. Lammons
green
1 sentence1989Lammons, 481 So.2d 390 . | 1 | 1989–1989 |
Harrelson v. Glisson
green
1 sentence1985Ford v. Alabama ByProducts Corp., 392 So.2d 217 (Ala.1980).” See also Harrelson v. Glisson, 424 So.2d 591 (Ala.1982). | 1 | 1985–1985 |
Maffett v. Roberts
green
1 sentence1982Goodson v. Elba Baking Co. , 408 So.2d 498 (Ala. 1981); Maffett v. Roberts , 388 So.2d 972 (Ala. 1980). | 1 | 1982–1982 |
Goodson v. Elba Baking Co.
green
1 sentence1982Goodson v. Elba Baking Co. , 408 So.2d 498 (Ala. 1981); Maffett v. Roberts , 388 So.2d 972 (Ala. 1980). | 1 | 1982–1982 |
Allstate Beer, Inc. v. Julius Wile Sons & Co.
green
1 sentence1981Looking to plaintiffs' contentions regarding due process, the Commerce Clause, and antitrust laws, we observe that Allstate Beer, supra , addressed these very issues in construing a Georgia statute, the critical provisions of which were virtually identical to those of Act 689. | 1 | 1981–1981 |
Miles College, Inc. v. Oliver
green
1 sentence1981City of Montgomery v. Maull , 344 So.2d 492 (Ala 1977); Miles College, Inc. v. Oliver , 382 So.2d 510 (Ala 1980) In light of the fact the evidence in this case was adduced ore tenus, the findings of fact by the trial court made after a determination that ambiguity existed as a matter of law, are to be accorded a heavy presumption of validity, and they will not be disturbed unless palpably erroneous. | 1 | 1981–1981 |
City of Montgomery v. Maull
green
1 sentence1981City of Montgomery v. Maull , 344 So.2d 492 (Ala 1977); Miles College, Inc. v. Oliver , 382 So.2d 510 (Ala 1980) In light of the fact the evidence in this case was adduced ore tenus, the findings of fact by the trial court made after a determination that ambiguity existed as a matter of law, are to be accorded a heavy presumption of validity, and they will not be disturbed unless palpably erroneous. | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.