13 Alabama opinions name it 2 courts 1987–2023 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.
| Case | Followed | Cited |
|---|---|---|
Belke v. Merrill Lynchgreen2 sentences1987Since there is a strong federal policy favoring arbitration, 'any party arguing waiver of arbitration bears a heavy burden of proof.' Belke v. Merrill Lynch, Pierce, Fenner Smith , 693 F.2d 1023 , 1025 (11th Cir. 1982) (and cases cited therein). 1987Since there is a strong federal policy favoring arbitration, ‘any party arguing waiver of arbitration bears a heavy burden of proof.’ Belke v. Merrill Lynch, Pierce, Fenner & Smith, 693 F.2d 1023, 1025 (11th Cir. 1982) (and cases cited therein). | 1 | 2 |
Winford v. Winfordgreen1 sentence2017Accord Winford, 139 So.3d at 183 (“There is no dispute in this case that the [responding party] filed her answer prior to the default hearing.” “Therefore, we reverse the default judgment of the trial court and remand this matter for further proceedings.” (emphasis added)). | 1 | 1 |
Ex Parte Johnsongreen1 sentence2015The main opinion correctly observes that “ ‘statutes covering the same or similar subject matter should be construed in pari materia.’ ” 202 So.3d at 651 (quoting Ex parte Johnson, 474 So.2d 715, 717 (Ala. 1985)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kirtland v. Fort Morgan Auth. Sewer Serv., Inc.
green
2 sentences2023But there are certain things that are established in law that we have to do in order to set aside judgments, and one of those is the Kirtland factors …." Counsel for Woods Construction then discussed Kirtland, and, as to the third of the Kirtland factors, i.e., "whether the default judgment was a 9 CL-2023-0166 result of the defendant's own culpable conduct," 524 So. 2d at 605 , counsel argued: "In that service packet, there's … clear warnings that the default has to be answered within 30 days or a default judgment can be entered against you. 2017Secondly, to the extent that the Avants contend that neither TA nor Winford discusses whether the answers that were filed in those cases would have amounted to a sufficient showing under Kirtland v. Fort Morgan Authority Sewer Service, Inc., 524 So.2d 600 (Ala. 1988), to have warranted the setting aside, pursuant to Rule 55(c), Ala. R. | 4 | 1998–2023 |
Scrushy v. Tucker
green
2 sentences2017If the appellant desires a stay, it is his responsibility to post the required bond." Scrushy v. Tucker , 955 So.2d 988 , 1000 (Ala. 2006). 2017If the appellant desires a stay, it is his responsibility to post the required bond." Scrushy v. Tucker , 955 So.2d 988 , 1000 (Ala. 2006). | 2 | 2017–2017 |
Troxel v. Granville
green
2 sentences2001To say the least ..., parental choice in such matters is not merely a default rule in the absence of either governmental choice or the government’s designation of an official with the power to choose for whatever reason and in whatever circumstances.” 530 U.S. at 78-79 , 120 S.Ct. 2054 (Souter, J., concurring). 2001To say the least ..., parental choice in such matters is not merely a default rule in the absence of either governmental choice or the government’s designation of an official with the power to choose for whatever reason and in whatever circumstances.” 530 U.S. at 78-79 , 120 S.Ct. 2054 (Souter, J., concurring). | 2 | 2001–2001 |
Griggs v. Barnes
green
2 sentences2001In Griggs v. Barnes, 262 Ala. 357 , 78 So.2d 910 (1955), our Supreme Court recognized that “[t]he essence of custody is the companionship of the child and the right to make decisions regarding his care and control, education, health, and religion.” 262 Ala. at 363 , 78 So.2d at 916 . 2001In Griggs v. Barnes, 262 Ala. 357 , 78 So.2d 910 (1955), our Supreme Court recognized that “[t]he essence of custody is the companionship of the child and the right to make decisions regarding his care and control, education, health, and religion.” 262 Ala. at 363 , 78 So.2d at 916 . | 2 | 2001–2001 |
Alabama Citizens Action Program v. Kennamer
green
1 sentence2015The Dennis Court explained: “Appellee Pendley argues that, based on the authority of Alabama Citizens Action Program v. Kennamer, 479 So.2d 1237 (Ala.1985), only a preceding decennial census may be used to determine population for purposes of § 28-2A-1. | 1 | 2015–2015 |
TA Financial, Inc. v. Discover Bank
green
1 sentence2013In TA Financial, Inc. v. Discover Bank, 967 So.2d 90 (Ala.2007), the supreme court reversed a default judgment entered by the trial court when the defendant had filed its answer before the hearing on the plaintiffs motion for a default judgment, holding that “ ‘the filing of that answer cured the default before any default judgment was entered. | 1 | 2013–2013 |
Advance Carpet Systems, Inc. v. Haman, Inc.
green
2 sentences1998This case is unlike our recent case of Advance Carpet Systems, Inc. v. Haman, Inc. , 716 So.2d 1248 (Ala.Civ.App. 1998), because in Haman the trial court found that Advance Carpet Systems, Inc. ("Advance"), had no reasonable explanation for failing to appear at the default hearing. 1998Haman , 716 So.2d at 1249 . | 1 | 1998–1998 |
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.