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5 Alabama opinions name it 2 courts 1999–2016 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 |
|---|---|---|
Sealy v. McElroygreen2 sentences2016Rather, during the ore tenus hearing, the parties argued only the issue whether the trial court should consider the evidence pertaining to the husband's claim seeking a modification of periodic alimony dating back to when the April 1, 2004, divorce judgment was entered or to when the March 5, 2014, judgment on the husband's last modification action was entered. "[Our supreme court has] said that a case will not be reviewed ... on a theory different from that on which the trial was had." *1195 Sealy v. McElroy , 288 Ala. 93 , 98, 257 So.2d 340 , 344 (1972). 2016Rather, during the ore tenus hearing, the parties argued only the issue whether the trial court should consider the evidence pertaining to the husband's claim seeking a modification of periodic alimony dating back to when the April 1, 2004, divorce judgment was entered or to when the March 5, 2014, judgment on the husband's last modification action was entered. "[Our supreme court has] said that a case will not be reviewed ... on a theory different from that on which the trial was had." *1195 Sealy v. McElroy , 288 Ala. 93 , 98, 257 So.2d 340 , 344 (1972). | 2 | 2 |
Stewart v. Brinleygreen1 sentence2006Ex parte Ramsay, 829 So.2d 146 (Ala. 2002)." Stewart v. Brinley, 902 So.2d 1, 11 (Ala.2004). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Ramsay
green
2 sentences2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ). 2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ). | 4 | 2004–2016 |
Ex Parte Blue Cross and Blue Shield of Al.
green
2 sentences2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ). 2016A party asserting an affirmative defense "'bears the burden of proving the essential elements of his affirmative defenses.'" Ex parte Ramsay , 829 So.2d 146 , 152 (Ala. 2002) (quoting Ex parte Blue Cross & Blue Shield of Alabama , 773 So.2d 475 , 478 (Ala. 2000) ). | 2 | 2016–2016 |
Earman Oil Company, Inc. And Courtesy House, Inc., Florida Corporations v. Burroughs Corporation, a Michigan Corporation
green
1 sentence1999Earmon , 625 F.2d at 1299 ; Alabama Pattern Jury Instructions (Civil) 8.01 (2d ed. 1993). | 1 | 1999–1999 |
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.