14 Alabama opinions name it 2 courts 1983–2013 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 |
|---|---|---|
Barnes v. Dalegreen2 sentences2004See Barnes v. Dale, 530 So.2d 770, 777 (Ala.1988) ("[W]e know of no requirement for a party to renew his objection by way of a post-judgment JNOV motion on a pure question of law that had been previously objected to and ruled upon adversely by the trial court. " (emphasis added)). 1996In Barnes v. Dale, 530 So.2d 770, 777 (Ala.1988), the Court wrote: "Except for grounds of `insufficiency of the evidence' in support of a motion for JNOV,... and `weight of the evidence' in support of a motion for a new trial, and other issues on which there has been no previous adverse ruling, such as excessiveness of the verdict, we know of no requirement for a party to renew his objection by way of a post-judgment JNOV motion on a pure question of law that had been previously objected to and ruled upon adversely by the trial court." Stated differently, one must move for a JNOV in order to b | 2 | 2 |
West v. Founders Life Assur. Co. of Floridagreen2 sentences2013P., renames the JNOV motion as a 'renewal of the motion for a judgment as a matter of law.' See note 2. " 4 'Substantial evidence’ has been defined as ‘evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.’ West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12.” . 1997Assurance Co. of Florida , 547 So.2d 870 , 871 4 "Substantial evidence" has been defined as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life (Ala. 1989); see Ala. Code 1975, § 12-21-12 . 5 In Alabama, the only damages available in wrongful death actions are punitive in nature. | 1 | 2 |
Med Plus Properties v. COLCOCK CONST.green1 sentence1998Group, Inc., 628 So.2d 370, 373-74 (Ala.1993). | 1 | 1 |
Woodham v. New York Times Broadcasting Service, Inc.green1 sentence1988See Woodham v. New York Times Broadcasting Service, Inc. , 526 So.2d 5 (Ala. 1988). | 1 | 1 |
FIRST ALABAMA BANK, ETC. v. Cokergreen1 sentence1983See First Alabama Bank of Montgomery, N.A. v. Coker , 408 So.2d 510 (Ala. 1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Berryhill v. Barnett
green
2 sentences2000Berryhill v. Barnett , 590 So.2d 343 (Ala.Civ.App. 1991). "[The applicable standard of review] is whether the nonmoving party has presented substantial evidence in support of *Page 351 his position. 1996Berryhill v. Barnett, 590 So.2d 343 (Ala.Civ.App.1991). | 2 | 1996–2000 |
Turner v. Peoples Bank of Pell City
green
2 sentences1997Turner v. Peoples Bank of Pell City, 378 So.2d 706 (Ala.1979). 1995Turner v. Peoples Bank of Pell City , 378 So.2d 706 (Ala. 1979). | 2 | 1995–1997 |
Cone v. West Virginia Pulp & Paper Co.
green
2 sentences1996In Borger v. Yamaha Int'l Corp., 625 F.2d 390 (2d Cir.1980), the United States Court of Appeals for the Second Circuit held that filing a JNOV motion was "not a useless formality for complying with an appellate [rule]. `In the absence of such a motion, [this Court is] without power to direct the District Court to enter [a] judgment contrary to the one it had permitted to stand.'" 625 F.2d at 395 , quoting Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 218 , 67 S.Ct. 752, 756 , 91 L.Ed. 849 (1947). 1996In Borger v. Yamaha Int'l Corp., 625 F.2d 390 (2d Cir.1980), the United States Court of Appeals for the Second Circuit held that filing a JNOV motion was "not a useless formality for complying with an appellate [rule]. `In the absence of such a motion, [this Court is] without power to direct the District Court to enter [a] judgment contrary to the one it had permitted to stand.'" 625 F.2d at 395 , quoting Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 218 , 67 S.Ct. 752, 756 , 91 L.Ed. 849 (1947). | 1 | 1996–1996 |
Johnson v. New York, New Haven & Hartford Railroad
green
2 sentences1996The United States Supreme Court held in Johnson v. New York, N.H. & H.R.R., 344 U.S. 48 , 73 S.Ct. 125 , 97 L.Ed. 77 (1952), and Cone, supra, that an appellate court was without power to enter a judgment notwithstanding the verdict absent a timely motion by the losing party after trial. 1996The United States Supreme Court held in Johnson v. New York, N.H. & H.R.R., 344 U.S. 48 , 73 S.Ct. 125 , 97 L.Ed. 77 (1952), and Cone, supra, that an appellate court was without power to enter a judgment notwithstanding the verdict absent a timely motion by the losing party after trial. | 1 | 1996–1996 |
Milton Borger and Richard Borger v. Yamaha International Corporation
green
2 sentences1996In Borger v. Yamaha Int'l Corp., 625 F.2d 390 (2d Cir.1980), the United States Court of Appeals for the Second Circuit held that filing a JNOV motion was "not a useless formality for complying with an appellate [rule]. `In the absence of such a motion, [this Court is] without power to direct the District Court to enter [a] judgment contrary to the one it had permitted to stand.'" 625 F.2d at 395 , quoting Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 218 , 67 S.Ct. 752, 756 , 91 L.Ed. 849 (1947). 1996In Borger v. Yamaha Int'l Corp., 625 F.2d 390 (2d Cir.1980), the United States Court of Appeals for the Second Circuit held that filing a JNOV motion was "not a useless formality for complying with an appellate [rule]. `In the absence of such a motion, [this Court is] without power to direct the District Court to enter [a] judgment contrary to the one it had permitted to stand.'" 625 F.2d at 395 , quoting Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 218 , 67 S.Ct. 752, 756 , 91 L.Ed. 849 (1947). | 1 | 1996–1996 |
Alpine Bay Resorts, Inc. v. Wyatt
green
1 sentence1990Id. | 1 | 1990–1990 |
Quillen v. Quillen
green
1 sentence1989Similarly, questions of negligence and contributory negligence are jury questions, as stated in Quillen , supra. We, therefore, hold that the trial court did not err in refusing to direct a verdict for the plaintiff and in not granting his JNOV motion; thus, the rulings challenged by Wallace's appeal are affirmed. | 1 | 1989–1989 |
Hammond v. City of Gadsden
green
1 sentence1988The trial court stated the following in its order: "The court now turns to the mandate in Hammond v. City of Gadsden , 493 So.2d 1374 (Ala. 1986), and recites factors considered by the court in denying on the one hand and conditionally granting on the other, a motion for new trial based upon the alleged excessiveness of a jury verdict. | 1 | 1988–1988 |
Hanson v. Couch
green
1 sentence1983Applying the directed verdict/JNOV standard of review enunciated in Hanson, supra , we find it unnecessary to decide as between the two degrees of fraud in this instance. | 1 | 1983–1983 |
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.