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Appeal Dismissed for Failure to File Notice in Paper
Once upon a time lawyers used to watch the clock, calculate driving distances, and predict traffic while finishing court filings. Not long ago, lawyers had to physically deliver pleadings to the court clerk before they locked the office door. Now most of the filings...
Where Is The Tuscaloosa Alabama Social Security Office?
Ever had trouble finding the Social Security office in Tuscaloosa? It's not easy to find if you don't know what you're looking for. The social security office has a clunky "office locator" tool on their website. It's almost not worth the trouble. However, if you're...
Claimant with Bipolar Disorder Eligible for Disability
The disabled's Social Security case is won or lost on the medical records. Often there are medical records from multiple sources and doctors. Commonly, some doctor reports are helpful to the claimant and some are not. How does the Social Security judge decide between...
Looking for a Sample Alabama Appellate Brief?
Appellate cases are decided by written briefs rather than trials. Instead of putting on witnesses, each side writes a brief that can be as long as 70 or 80 pages. Because appellate briefs can be both long and dense, how they are written and organized are subject to...
You Want Mediation, You Pay For Mediation
Mediation is a great tool. It gives opposing parties the opportunity to settle their case without the time and expense of a trial. Moreover, if an agreement is reached it removes the uncertainty inherent in the whims of trial court judges. Mediation involves brining...
A Winning Case At Social Security Appeals Council
A disability award begins with an application to the social security office. However, the initial application is usually denied. It is often denied again at a hearing, about 50 to 60% of the time. Still, applicants for social security have several chances to win...
City Wins Fight Over Wrongful Termination of Employment
Most employment in Alabama is "at-will" meaning the employee can quit or can be fired at any time for a good reason or no reason at all. There are exceptions to at-will employment. Employers can't fire their employees for a prohibited reason (like their race,...
Browne House Lawyer Joins Tuscaloosa Symphony Board
Browne House Lawyer, Jason P. Bailey, has joined the Tuscaloosa Symphony Orchestra Board of Directors. As a new board member he will serve a three year term with the organization. Jason has served on the board of directors of a number of non-profit organizations but...
5 Reasons Why Divorce Lawyers Are Affordable
Divorce is a financial event as much as it is an emotional one. Divorce often means the same income must now support two sets of household expenses instead of one: two mortgages instead of one; two insurance payments instead of one; etc. Having two households means...
Court Sees Through Tricks and Orders Garnishment
Garnishment is perhaps the most common tool of anyone trying to collect payment on a judgment in their favor. Garnishment of an employee's wages allows the creditor to take a regular chunk of the debtor's wages whenever they're paid. But what if the creditor owns...
5 Commonly Overlooked Divorce Assets
One of the main jobs of the judge in a divorce is to divide the martial estate. The marital estate is a container of everything you and your spouse own together in - your assets. The assets of the marital estate are distinguished from each party's separate estate -...
Everyone Wrong in Late Appeal of Restraining Order
"You filed your appeal too late," is a common refrain from the Alabama Court of Civil Appeals. In August the court dismissed an estate appeal that was filed too late. Before that, the court dismissed a late filed divorce appeal on what the court itself called a...
Estate Appeal Foiled by Late Filing
The easiest way to waste an appellate filing fee is to file your appeal after the deadline for doing so has passed. The law books are replete with cases where the Alabama Supreme Court or Court of Civil Appeals dismissed an appeal solely for filing a late appeal. ...
DOES A STUDENT NEED TO HIRE A LAWYER WHEN THEY HAVE BEEN CHARGED WITH A CRIME?
I grew up in Tuscaloosa, and I love living in a college town. I enjoy the vitality and optimism the students bring to Tuscaloosa and my family enjoys being so close to football games, and other sporting events. We get the benefit of eating at restaurants or...
Hyper-Technical Rule Trips Up Appeal
Both parties in Slay v. Slay agreed to an extension of time past the 90 day deadline for deciding post trial motions. The court entered an order extending the 90 day deadline. Nevertheless, the Alabama Court of Civil Appeals - much to their own displeasure -...
Important Garnishment Case Delayed By The Mail
When a creditor sought to garnish a woman's wages, she challenged the constitutionality of a new Alabama garnishment law and - as required by law - notified the Alabama Attorney General of the challenge. In Smith v. Renter's Realty, the Alabama Court of Civil Appeals...
Facebook Cannot Be Sued in Alabama Adoption Suit
Facebook can't be sued in Alabama... for now. So says the Alabama Supreme Court, which ruled that despite the millions of Facebook accounts active in the state, the courts lacked personal jurisdiction over the social media company. A Mean Facebook Page Facebook was a...
Winning Divorce Appeal with Attorney Fees
Browne House attorney Jason P. Bailey's client came out on top in an appeal of a divorce out of Tuscaloosa County, Alabama. In so doing the client received a rare award of attorney fees from the Court of Civil Appeals. In the appeal, a Husband sought to overturn the...
HOW TO BOND SOMEONE OUT OF JAIL, PART 2 (cash bonds)
In this post we will talk about ways to expedite bonding someone out of jail in the event that you aren’t going through a bondsman. To learn about the difference and which one is best for your particular case, read the first post in this series. Know what's involved....
HOW TO BOND SOMEONE OUT OF JAIL IN ALABAMA (part 1)
If you are unfamiliar with the process of bonding someone out of jail it can be be intimidating. This blog will walk you through the major steps and address some of the complicated areas where it is best to talk to an attorney. Plan ahead. If you find out that you...
“Academy on Special Education” Lawsuit is Dismissed
Alabama Board of Education Member Sued Paper Over Column Criticizing her Comments In a meeting of the State Board of Education about Alabama's test scores, Board Member Ella Bell asked and seemed to advocate about the possibility of separating disabled students into...
Cell Phone Location Expert Crucial to Car Accident Suit
Your Cell Phone Is Watching You At Work Your cell phone is watching when you go to work, when you go home, and everything in between. The cell phone is a treasure trove of information. Leave it sitting around the scene of a crime and the police are likely to make...
When to File Your Appeal Part 2 – Court Says “Not Yet”
Narrow Window to File Appeal What's the right time to file an appeal in Alabama? Usually you'd wait until your case is finished and then file within the time allowed after the case is over, usually 42 days (depending on the type of case). Wait too long to file your...
Car Accident Trial Had Enough Evidence To Go To Jury
How Do We Really Know Car Accident Caused Your Injuries? Personal injury cases often boil down to two issues, damages and causation. Even when the victim of a car accident is hurting, the insurance company may question whether the accident caused the resulting...
Supreme Court Limits Property Seizure with Arrest
The U.S. Constitution Limits Police Seizures The United States Supreme court has ruled that the Eighth Amendment's prohibition against excessive fines applies to the states. Originally the Bill of Rights applied only to actions of the federal, not state, government. ...
Birmingham Minimum Wage Law in New Jeopardy
Birmingham Fighting Alabama Over Minimum Wage Across Alabama, the minimum wage is $7.25 per hour. The Alabama minimum wage is the same as the federal minimum wage. However, for one day in Birmingham, that wasn't the case. For one day in 2016 the city of Birmingham...
Can I Appeal Yet? Court Says “No” to Pro Se Appellant
Ready, Set, Appeal Timing is important when filing an appeal in Alabama. Indeed, we've discussed when to file your appeal at length at Browne House Law. File too late and the appellate court will dismiss your case for lack of jurisdiction. But file too early and...
Father Ignores Discovery and Loses Custody… Almost
Lose Custody for Discovery Violation? Can you lose custody of your children because you failed to provide copies of your bank records, tax documents, and other information? The Alabama Court of Civil Appeals in Pace v. Smith essentially said "Yes, you can." But it...
Division of Retirement Benefits in Alabama Divorce
The Law of Retirement Division in Divorce has Changed One of the largest asset many married couples have are their retirement accounts. Division of those retirement benefits is one of the essential jobs of a trial court in divorce proceedings. The law governing how a...
How to Write Your Alabama Appellate Brief
In Alabama it is unusual to have the opportunity to argue the merits of your appeal, in person, to the judges who will decide it. Oral argument happens only infrequently. Indeed, the Alabama Lawyer, the magazine of the Alabama State Bar announced the death of oral...