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7 Alabama opinions name it 1 courts 1998–2018 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 |
|---|---|---|
First Tennessee Bank v. Snellgreen2 sentences2012Thus, a defendant must raise the first-filed action as a defense in a motion to dismiss.’ ” (Quoting First Tennessee Bank, N.A. v. Snell, 718 So.2d 20, 27 (Ala.1998) (See, J., concurring in the result).) “ ‘ “[I]f that defense is not raised by the defendant in a motion to dismiss, ... it is waived.” ’ ” Perdue v. Green, 127 So.3d 343 , 350 n. 4 (Ala.2012) (quoting Regions Bank v. Reed, 60 So.3d 868, 884 (Ala.2010), quoting in turn Veteto v. Yocum, 793 So.2d 814 , 815 n. 1 (Ala.Civ.App.2001)). 2012See also First Tennessee Bank, N.A. v. Snell, 718 So.2d 20, 27 (Ala. 1998) ("[A] defendant must raise the first-filed action as a defense in a motion to dismiss.”). | 3 | 6 |
J. S. N. v. T. G. N.green2 sentences2018Bank, F.A. v. Campbell , 24 So.3d 435 , 437 n.2 (Ala. 2009) (quoting First Tennessee Bank, N.A. v. Snell , 718 So.2d 20 , 27 (Ala. 1998) (See, J., concurring in the result) ); see also Ex parte Calhoun , 688 So.2d 259 , 261 (Ala. 1997) (observing that " '[u]nless there is objection, even though one court has assumed jurisdiction of a matter, another court with concurrent authority may act in the same matter' " (quoting Sheffield v. Sheffield , 350 So.2d 1056 , 1058 (Ala. Civ. 2018Bank, F.A. v. Campbell , 24 So.3d 435 , 437 n.2 (Ala. 2009) (quoting First Tennessee Bank, N.A. v. Snell , 718 So.2d 20 , 27 (Ala. 1998) (See, J., concurring in the result) ); see also Ex parte Calhoun , 688 So.2d 259 , 261 (Ala. 1997) (observing that " '[u]nless there is objection, even though one court has assumed jurisdiction of a matter, another court with concurrent authority may act in the same matter' " (quoting Sheffield v. Sheffield , 350 So.2d 1056 , 1058 (Ala. Civ. | 2 | 2 |
Sheffield v. Sheffieldgreen2 sentences2018Bank, F.A. v. Campbell , 24 So.3d 435 , 437 n.2 (Ala. 2009) (quoting First Tennessee Bank, N.A. v. Snell , 718 So.2d 20 , 27 (Ala. 1998) (See, J., concurring in the result) ); see also Ex parte Calhoun , 688 So.2d 259 , 261 (Ala. 1997) (observing that " '[u]nless there is objection, even though one court has assumed jurisdiction of a matter, another court with concurrent authority may act in the same matter' " (quoting Sheffield v. Sheffield , 350 So.2d 1056 , 1058 (Ala. Civ. 2018Bank, F.A. v. Campbell , 24 So.3d 435 , 437 n.2 (Ala. 2009) (quoting First Tennessee Bank, N.A. v. Snell , 718 So.2d 20 , 27 (Ala. 1998) (See, J., concurring in the result) ); see also Ex parte Calhoun , 688 So.2d 259 , 261 (Ala. 1997) (observing that " '[u]nless there is objection, even though one court has assumed jurisdiction of a matter, another court with concurrent authority may act in the same matter' " (quoting Sheffield v. Sheffield , 350 So.2d 1056 , 1058 (Ala. Civ. | 2 | 2 |
Regions Bank v. Reedgreen1 sentence2012Thus, a defendant must raise the first-filed action as a defense in a motion to dismiss.’ ” (Quoting First Tennessee Bank, N.A. v. Snell, 718 So.2d 20, 27 (Ala.1998) (See, J., concurring in the result).) “ ‘ “[I]f that defense is not raised by the defendant in a motion to dismiss, ... it is waived.” ’ ” Perdue v. Green, 127 So.3d 343 , 350 n. 4 (Ala.2012) (quoting Regions Bank v. Reed, 60 So.3d 868, 884 (Ala.2010), quoting in turn Veteto v. Yocum, 793 So.2d 814 , 815 n. 1 (Ala.Civ.App.2001)). | 1 | 1 |
Herrington v. City of Eufaulagreen2 sentences1998See Ex parte Myer , 595 So.2d at 891 ; Herrington v. City of Eufaula , 36 Ala. App. 348 , 349 , 55 So.2d 758 , 760 (1951). 1998See Ex parte Myer , 595 So.2d at 891 ; Herrington v. City of Eufaula , 36 Ala. App. 348 , 349 , 55 So.2d 758 , 760 (1951). | 1 | 1 |
Ex Parte Myergreen1 sentence1998See Ex parte Myer , 595 So.2d at 891 ; Herrington v. City of Eufaula , 36 Ala. App. 348 , 349 , 55 So.2d 758 , 760 (1951). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Washington Mutual Bank, F.A. v. Campbell
green
2 sentences2018Bank, F.A. v. Campbell , 24 So.3d 435 , 437 n.2 (Ala. 2009) (quoting First Tennessee Bank, N.A. v. Snell , 718 So.2d 20 , 27 (Ala. 1998) (See, J., concurring in the result) ); see also Ex parte Calhoun , 688 So.2d 259 , 261 (Ala. 1997) (observing that " '[u]nless there is objection, even though one court has assumed jurisdiction of a matter, another court with concurrent authority may act in the same matter' " (quoting Sheffield v. Sheffield , 350 So.2d 1056 , 1058 (Ala. Civ. 2018Bank, F.A. v. Campbell , 24 So.3d 435 , 437 n.2 (Ala. 2009) (quoting First Tennessee Bank, N.A. v. Snell , 718 So.2d 20 , 27 (Ala. 1998) (See, J., concurring in the result) ); see also Ex parte Calhoun , 688 So.2d 259 , 261 (Ala. 1997) (observing that " '[u]nless there is objection, even though one court has assumed jurisdiction of a matter, another court with concurrent authority may act in the same matter' " (quoting Sheffield v. Sheffield , 350 So.2d 1056 , 1058 (Ala. Civ. | 2 | 2018–2018 |
Grimes v. Liberty Nat. Life Ins. Co.
green
2 sentences2018In Attenta , this Court held that the circuit court in which the second-filed action was filed had erred in denying the defendant's motion to dismiss, noting that the court in which the first-filed action was pending, "having first taken cognizance of the cause, had 'the exclusive right to entertain and exercise such jurisdiction, to the final determination of the action and the enforcement of its judgments and decrees.' Grimes , 726 So.2d at 617 ." 97 So.3d at 147 . 8 McCain's argument, as well as her use of the foregoing precedents as support, confuses the proper exercise of subject-matter j 2018In Attenta , this Court held that the circuit court in which the second-filed action was filed had erred in denying the defendant's motion to dismiss, noting that the court in which the first-filed action was pending, "having first taken cognizance of the cause, had 'the exclusive right to entertain and exercise such jurisdiction, to the final determination of the action and the enforcement of its judgments and decrees.' Grimes , 726 So.2d at 617 ." 97 So.3d at 147 . 8 McCain's argument, as well as her use of the foregoing precedents as support, confuses the proper exercise of subject-matter j | 2 | 2018–2018 |
Attenta, Inc. v. Calhoun
green
2 sentences2018In Attenta , this Court held that the circuit court in which the second-filed action was filed had erred in denying the defendant's motion to dismiss, noting that the court in which the first-filed action was pending, "having first taken cognizance of the cause, had 'the exclusive right to entertain and exercise such jurisdiction, to the final determination of the action and the enforcement of its judgments and decrees.' Grimes , 726 So.2d at 617 ." 97 So.3d at 147 . 8 McCain's argument, as well as her use of the foregoing precedents as support, confuses the proper exercise of subject-matter j 2018In Attenta , this Court held that the circuit court in which the second-filed action was filed had erred in denying the defendant's motion to dismiss, noting that the court in which the first-filed action was pending, "having first taken cognizance of the cause, had 'the exclusive right to entertain and exercise such jurisdiction, to the final determination of the action and the enforcement of its judgments and decrees.' Grimes , 726 So.2d at 617 ." 97 So.3d at 147 . 8 McCain's argument, as well as her use of the foregoing precedents as support, confuses the proper exercise of subject-matter j | 2 | 2018–2018 |
Veteto v. Yocum
green
1 sentence2012Thus, a defendant must raise the first-filed action as a defense in a motion to dismiss.’ ” (Quoting First Tennessee Bank, N.A. v. Snell, 718 So.2d 20, 27 (Ala.1998) (See, J., concurring in the result).) “ ‘ “[I]f that defense is not raised by the defendant in a motion to dismiss, ... it is waived.” ’ ” Perdue v. Green, 127 So.3d 343 , 350 n. 4 (Ala.2012) (quoting Regions Bank v. Reed, 60 So.3d 868, 884 (Ala.2010), quoting in turn Veteto v. Yocum, 793 So.2d 814 , 815 n. 1 (Ala.Civ.App.2001)). | 1 | 2012–2012 |
Perdue ex rel. Perdue v. Green
green
1 sentence2012Thus, a defendant must raise the first-filed action as a defense in a motion to dismiss.’ ” (Quoting First Tennessee Bank, N.A. v. Snell, 718 So.2d 20, 27 (Ala.1998) (See, J., concurring in the result).) “ ‘ “[I]f that defense is not raised by the defendant in a motion to dismiss, ... it is waived.” ’ ” Perdue v. Green, 127 So.3d 343 , 350 n. 4 (Ala.2012) (quoting Regions Bank v. Reed, 60 So.3d 868, 884 (Ala.2010), quoting in turn Veteto v. Yocum, 793 So.2d 814 , 815 n. 1 (Ala.Civ.App.2001)). | 1 | 2012–2012 |
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.