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5 Alabama opinions name it 2 courts 1985–2023 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 |
|---|---|---|
Ex Parte Williamsgreen2 sentences2008P., provides, in pertinent part: “ ‘A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice shou 2008P., provides, in pertinent part: “ ‘A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice shou | 1 | 2 |
Ex Parte Rossergreen2 sentences2008P., provides, in pertinent part: “ ‘A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice shou 2005"Furthermore, this kind of relief cannot be accorded without notice or hearing unless `the verified facts of the complaint [or affidavit] clearly justify the petitioner's apprehension about the threat of irreparable injury.'" Id. (quoting Falk v. Falk , 355 So.2d 722 , 725 (Ala.Civ.App. 1978) (emphasis added)). | 1 | 2 |
Funliner of Alabama, LLC v. Pickardgreen1 sentence2023See Rule 65(a)(1); Funliner of Alabama, L.L.C. v. Pickard, 873 So. 2d 198, 219 (Ala. 2003) ("Notice to the adverse party before a preliminary injunction is issued is mandatory, pursuant to Rule 65(a), Ala. R. | 1 | 1 |
INTERN. MOLDERS v. Aliceville Veneers Div.green1 sentence2016In the mother’s answer to the father’s petition, her attorney concedes that the certification required by Rule 65(b) was not included in any of the mother’s ex parte motions because, the attorney wrote, “[a]s a matter of practice in the Eighth Judicial Circuit, this certification has not routinely been required.” In International Molders & Allied Workers Union, AFL-CIO-CLC v. Aliceville Veneers Division, Buchanan Lumber Birmingham, 348 So.2d 1385, 1390 (Ala.1977), our supreme court concluded that the earlier issuance of a temporary restraining order (“TRO”), which was not challenged in an appe | 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 Hurst
green
2 sentences2008P., provides, in pertinent part: “ ‘A temporary restraining order may be granted without written or oral notice to the adverse party or that party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice shou 2008In Ex paHe Hurst, supra, our supreme court issued a writ of mandamus directing the trial court to vacate a temporary restraining order when there was no evidence regarding why the return of the property in dispute within 72 hours was necessary to prevent “ ‘immediate and irreparable injury, loss, or damage.’ ” Ex parte Hurst, 914 So.2d at 843 (quoting Rule 65(b), Ala. R. | 1 | 2008–2008 |
Ex Parte Purvis
green
1 sentence1985Ex parte Purvis , 382 So.2d 512 (Ala. 1980); Lorch, Inc. v. Bessemer Mall Shopping Center, Inc. , 294 Ala. 17 , 310 So.2d 872 (1975). | 1 | 1985–1985 |
Lorch, Inc. v. Bessemer Mall Shopping Center, Inc.
green
2 sentences1985Ex parte Purvis , 382 So.2d 512 (Ala. 1980); Lorch, Inc. v. Bessemer Mall Shopping Center, Inc. , 294 Ala. 17 , 310 So.2d 872 (1975). 1985Ex parte Purvis , 382 So.2d 512 (Ala. 1980); Lorch, Inc. v. Bessemer Mall Shopping Center, Inc. , 294 Ala. 17 , 310 So.2d 872 (1975). | 1 | 1985–1985 |
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.