movant requested hearing (Alabama) · Go Syfert
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movant requested hearing in Alabama

17 Alabama opinions name it 1 courts 1993–2025 1 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.

Followed or applied (7)

CaseFollowedCited
Lowe v. Lowegreen
alacivapp · 1993 · cited in 8 Alabama opinions naming this issue, 1994–2016
2 sentences

2016See Gibert v. Gibert, 709 So.2d 1257, 1258 (Ala.Civ.App.1998) (‘A trial court errs by not granting a hearing when one has been requested pursu ant to Rule 59(g); however, that error is not necessarily reversible error.’). ‘On appeal, ... if an appellate court determines that there is no probable merit to the motion, it may affirm based on the harmless error rule.’ Palmer v. Hall, 680 So.2d 307, 307-08 (Ala.Civ.App. 1996); see also Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993) (‘Denial of a Rule 59 motion without a hearing is reversible error if the movant requested a hearing and harmfu

2014See Gibert v. Gibert, 709 So.2d 1257, 1258 (Ala.Civ.App.1998) (‘A trial court errs by not granting a hearing when one has been requested pursuant to Rule 59(g); however, that error is not necessarily reversible error.’). ‘On appeal, ... if an appellate court determines that there is no probable merit to the motion, it may affirm based on the harmless error rule.’ Palmer v. Hall, 680 So.2d 307, 307-08 (Ala.Civ.App.1996); see also Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993) (‘Denial of a Rule 59 motion without a hearing is reversible error if the movant requested a hearing and harmful

78
Greene v. Thompsongreen
ala · 1989 · cited in 9 Alabama opinions naming this issue, 2010–2018
2 sentences

2018The Alabama Supreme Court has stated: " ' "Harmless error occurs, within the context of a Rule 59(g) motion, where there is either no probable merit in the grounds asserted in the motion, or where the appellate court resolves the issues presented therein, as a matter of law, adversely to the movant, by application of the same objective standard of review as that applied in the trial court." " ' Greene v. Thompson , 554 So.2d 376 , 381 (Ala. 1989).

2017The Alabama Supreme Court has stated: " ' "Harmless error occurs, within the context of a Rule 59(g) motion, where there is either no probable merit in the grounds asserted in the motion, or where the appellate court resolves the issues presented therein, as a matter of law, adversely to the movant, by application of the same objective standard of review as that applied in the trial court." " ' Greene v. Thompson , 554 So.2d 376 , 381 (Ala. 1989).

69
Palmer v. Hallgreen
alacivapp · 1996 · cited in 4 Alabama opinions naming this issue, 2010–2016
2 sentences

2016See Gibert v. Gibert, 709 So.2d 1257, 1258 (Ala.Civ.App.1998) (‘A trial court errs by not granting a hearing when one has been requested pursu ant to Rule 59(g); however, that error is not necessarily reversible error.’). ‘On appeal, ... if an appellate court determines that there is no probable merit to the motion, it may affirm based on the harmless error rule.’ Palmer v. Hall, 680 So.2d 307, 307-08 (Ala.Civ.App. 1996); see also Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993) (‘Denial of a Rule 59 motion without a hearing is reversible error if the movant requested a hearing and harmfu

2014See Gibert v. Gibert, 709 So.2d 1257, 1258 (Ala.Civ.App.1998) (‘A trial court errs by not granting a hearing when one has been requested pursuant to Rule 59(g); however, that error is not necessarily reversible error.’). ‘On appeal, ... if an appellate court determines that there is no probable merit to the motion, it may affirm based on the harmless error rule.’ Palmer v. Hall, 680 So.2d 307, 307-08 (Ala.Civ.App.1996); see also Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993) (‘Denial of a Rule 59 motion without a hearing is reversible error if the movant requested a hearing and harmful

44
Gibert v. Gibertgreen
alacivapp · 1998 · cited in 3 Alabama opinions naming this issue, 2011–2016
2 sentences

2016See Gibert v. Gibert, 709 So.2d 1257, 1258 (Ala.Civ.App.1998) (‘A trial court errs by not granting a hearing when one has been requested pursu ant to Rule 59(g); however, that error is not necessarily reversible error.’). ‘On appeal, ... if an appellate court determines that there is no probable merit to the motion, it may affirm based on the harmless error rule.’ Palmer v. Hall, 680 So.2d 307, 307-08 (Ala.Civ.App. 1996); see also Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993) (‘Denial of a Rule 59 motion without a hearing is reversible error if the movant requested a hearing and harmfu

2014See Gibert v. Gibert, 709 So.2d 1257, 1258 (Ala.Civ.App.1998) (‘A trial court errs by not granting a hearing when one has been requested pursuant to Rule 59(g); however, that error is not necessarily reversible error.’). ‘On appeal, ... if an appellate court determines that there is no probable merit to the motion, it may affirm based on the harmless error rule.’ Palmer v. Hall, 680 So.2d 307, 307-08 (Ala.Civ.App.1996); see also Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993) (‘Denial of a Rule 59 motion without a hearing is reversible error if the movant requested a hearing and harmful

33
Long v. Longgreen
alacivapp · 1999 · cited in 2 Alabama opinions naming this issue, 2001–2002
2 sentences

2002P., provides that a posttrial motion “shall not be ruled upon until the parties have had an opportunity to be heard thereon.” “ ‘Denial of a Rule 59 motion without a hearing is reversible error if the movant requested a hearing and harmful error is found.’ ” Long v. Long, 752 So.2d 512, 513 (Ala.Civ.App.1999), quoting Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993).

2001Rule 59(g) provides that post-judgment motions “shall not be ruled upon until the parties have had opportunity to be heard thereon.” “ ‘Denial of a Rule 59 motion without a hearing is reversible er ror if the movant requested a hearing and harmful error is found.’ ” Long v. Long, 752 So.2d 512, 513 (Ala.Civ.App.1999), quoting Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993).

22
Blackburn v. Blackburngreen
alacivapp · 2001 · cited in 1 Alabama opinions naming this issue, 2025–2025
1 sentence

2025See Blackburn v. Blackburn, 794 So. 2d 1197, 1198-99 (Ala. Civ.

11
Knight v. Knightgreen
alacivapp · 1999 · cited in 1 Alabama opinions naming this issue, 2002–2002
1 sentence

2002The “denial of a post-judgment motion without a hearing is reversible error if the movant requested a hearing and harmful error is found.” Knight v. Knight, 739 So.2d 507, 509 (Ala.Civ.App.1999).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Walls v. Bank of Prattville green
ala · 1989
2 sentences

1994Lowe v. Lowe, 631 So.2d 1040, 1041 (Ala.Civ.App.1993), citing Walls v. Bank of Prattville, 554 So.2d 381 (Ala.1989).

1993Walls v. Bank of Prattville , 554 So.2d 381 (Ala. 1989).

21993–1994
City of Jasper v. Waterworks & Sewer Board green
alacivapp · 1994
1 sentence

1999Jasper v. Waterworks Sewer Bd. , 648 So.2d 595 (Ala.Civ.App. 1994).

11999–1999

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