APCo motion in Alabama

11 Alabama opinions name it 2 courts 1985–2011 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.

Followed or applied (6)

Case	Followed	Cited
G. UB. MK. Constructors v. Garnergreen ala · 2010 · cited in 1 Alabama opinions naming this issue, 2011–2011 1 sentence 2011This factor strongly bolsters APCo’s claim to be a special employer because, “ ‘if the special employer doctrine does not apply [to an entity that has provided and paid for workers’ compensation insurance], the employee is effectively suing the entity that provided his workers’ compensation insurance, which is contrary to the reasons for and provisions of the workers’ compensation statute.’ ” Garner, 44 So.3d at 489 (stating further that “[t]his consideration is particularly important”).	1	1
Sparks v. Alabama Power Co.green ala · 1996 · cited in 1 Alabama opinions naming this issue, 2007–2007 1 sentence 2007Accordingly, we deny APCo’s motion to dismiss the appeal.” 679 So.2d at 681 (emphasis added).	1	1
Rudd v. Ruddgreen alacivapp · 1985 · cited in 1 Alabama opinions naming this issue, 2007–2007 1 sentence 2007Rudd v. Rudd, 467 So.2d 964, 965 (Ala.Civ.App.1985).	1	1
Alabama Power Co. v. Aldridgegreen ala · 2002 · cited in 1 Alabama opinions naming this issue, 2004–2004 2 sentences 2004See Alabama Power Co. v. Aldridge, 854 So.2d 554, 560-61 (Ala. 2002) ("The trial court denied APCo's motion for a JML at the close of Aldridge's evidence and again at the conclusion of all of the evidence. 2004See Alabama Power Co. v. Aldridge , 854 So.2d 554 , 560-61 (Ala. 2002) ("The trial court denied APCo's motion for a JML at the close of Aldridge's evidence and again at the conclusion of all of the evidence.	1	1
Merrell v. Alabama Power Co.green ala · 1980 · cited in 1 Alabama opinions naming this issue, 1987–1987 1 sentence 1987Cantrell argues that an identical factual setting was before this Court in Merrell v. Alabama Power Co., 382 So.2d 494, 497 (Ala.1980), and that this Court disposed of the application for rehearing there by writing: "In brief in support of her application for rehearing the appellant says: "`Merrell now for the first time contends in her application for rehearing that the Alabama wrongful death statute is unconstitutional for being in violation of the guarantee to the citizens of each state of the United States in the 14th Amendment to the constitution of the United States of America which prov	1	1
Kennedy Engine Co. v. Dog River Marina & Boatworks, Inc.green ala · 1983 · cited in 1 Alabama opinions naming this issue, 1985–1985 1 sentence 1985See Kennedy Engine Company v. Dog River Marina and Boatworks , 432 So.2d 1214 (Ala. 1983).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

Case	Cited	Years
Ellis v. Alabama Power Co. green ala · 1983 1 sentence 2009The trial court based its decision, in part, on Ellis v. Alabama Power Co., 431 So.2d 1242 (Ala.1983).	1	2009–2009
Kilburn v. Bush green nyappdiv · 1996 2 sentences 1998Findley’s affidavit in opposition to APCo’s motion for summary judgment states that “[a]t no time prior to th[e] accident did [she] ever become drowsy or ... feel tired and incapable of driving.” This statement, construed most favorably to Findley, is sufficient to create a factual issue as to whether she fell asleep, because “ordinarily sleep does not come upon one without warning of its approach.” See Kil-burn v. Bush, 223 A.D.2d at 115 , 646 N.Y.S.2d at 432 . 1998Findley’s affidavit in opposition to APCo’s motion for summary judgment states that “[a]t no time prior to th[e] accident did [she] ever become drowsy or ... feel tired and incapable of driving.” This statement, construed most favorably to Findley, is sufficient to create a factual issue as to whether she fell asleep, because “ordinarily sleep does not come upon one without warning of its approach.” See Kil-burn v. Bush, 223 A.D.2d at 115 , 646 N.Y.S.2d at 432 .	1	1998–1998
Segars v. Reaves green ala · 1990 1 sentence 1995Marcus, supra; Segars, supra. However, the record in this case reveals that the class representatives claimed no injury as a result of APCo's violation of the Mini-Code's licensing provision.	1	1995–1995
Marcus v. Lindsey green ala · 1992 1 sentence 1995Marcus, supra; Segars, supra. However, the record in this case reveals that the class representatives claimed no injury as a result of APCo's violation of the Mini-Code's licensing provision.	1	1995–1995
Salter v. Alfa Ins. Co., Inc. green ala · 1990 1 sentence 1992We affirm the judgment of the trial court on the authority of Rule 56(f), A.R.Civ.P.; Reeves v. Porter , 521 So.2d 963 , 965 (Ala. 1988); Salter v. Alfa Insurance Co. , 561 So.2d 1050 , 1054 (Ala. 1990); and Poole v. Henderson, Black Greene, Inc. , 584 So.2d 485 , 487 (Ala. 1991).	1	1992–1992
Reeves v. Porter green ala · 1988 1 sentence 1992We affirm the judgment of the trial court on the authority of Rule 56(f), A.R.Civ.P.; Reeves v. Porter , 521 So.2d 963 , 965 (Ala. 1988); Salter v. Alfa Insurance Co. , 561 So.2d 1050 , 1054 (Ala. 1990); and Poole v. Henderson, Black Greene, Inc. , 584 So.2d 485 , 487 (Ala. 1991).	1	1992–1992
Poole v. HENDERSON, BLACK AND GREENE green ala · 1991 1 sentence 1992We affirm the judgment of the trial court on the authority of Rule 56(f), A.R.Civ.P.; Reeves v. Porter , 521 So.2d 963 , 965 (Ala. 1988); Salter v. Alfa Insurance Co. , 561 So.2d 1050 , 1054 (Ala. 1990); and Poole v. Henderson, Black Greene, Inc. , 584 So.2d 485 , 487 (Ala. 1991).	1	1992–1992
Alabama Power Company v. Taylor green ala · 1975 2 sentences 1989Before examining the record, we note that this action was pending on June 11, 1987; therefore, the “substantial evidence” rule, Ala.Code 1975, § 12-21-12, does not apply, and the applicable standard of review is the “scintilla of evidence” rule, which has been explained as follows: “A motion for directed verdict or JNOY is tested against the scintilla rule, which requires that a question go to the jury ‘if the evidence or any reasonable inference arising therefrom, furnishes a mere gleam, glimmer, spark, the least particle, the smallest trace, or a scintilla in support of the theory of the com 1989Before examining the record, we note that this action was pending on June 11, 1987; therefore, the “substantial evidence” rule, Ala.Code 1975, § 12-21-12, does not apply, and the applicable standard of review is the “scintilla of evidence” rule, which has been explained as follows: “A motion for directed verdict or JNOY is tested against the scintilla rule, which requires that a question go to the jury ‘if the evidence or any reasonable inference arising therefrom, furnishes a mere gleam, glimmer, spark, the least particle, the smallest trace, or a scintilla in support of the theory of the com	1	1989–1989
Alabama Power Co. v. White green ala · 1979 2 sentences 1988We hold that dependency is capacity under § 25-5-11 (a) which must be denied by the defendant by specific negative averment and that in the instant case APCo's motion for judgment notwithstanding the verdict raised the issue too late for it to be considered by the trial court and thus the trial court did not err in denying this motion." 377 So.2d at 935 -36 . 1988We hold that dependency is capacity under § 25-5-11(a) which must be denied by the defendant by specific negative averment and that in the instant case APCo's motion for judgment notwithstanding the verdict raised the issue too late for it to be considered by the trial court and thus the trial court did not err in denying this motion." 377 So.2d at 935-36 .	1	1988–1988

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