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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...
How to Start Your Appeal: The “Notice of Appeal”
In Alabama your appeal begins with the Notice of Appeal. Without it there is no appeal. Without it the appellate court lacks the jurisdiction - the authority - to rule on an appeal. It must be filed within a certain time, and with only a few exceptions, a late filed...
When to File Your Appeal in Alabama
After you've lost part or all of your case, you've only got a certain amount of time to file your appeal. Wait too long, and you may lose your case, even if it's clear that the trial court made a mistake with your case. The exceptions for filing a late appeal are...
Missed Deadlines Doom Contested Will Dispute and Appeal
When an 11th hour change to a woman's will replaced one heir with two new heirs, the spurned beneficiary challenged the probated will (and its changes). According to the original beneficiary, the two people who replaced the original beneficiary as the woman's heirs...
What Happens When 72 Hour Dependency Hearing Delayed?
In K.A.B. v. J.D.B., a mother with narcolepsy had her children removed and custody ultimately awarded to the father. Mother challenged several aspects of the case, including an alleged failure to hold a 72 hour hearing. At the end of the case, the mother appeal, but...
Social Security Hearing Violated Due Process
In an important case outside of Alabama, a federal appeals court said the Social Security Administration's process that stripped social security beneficiaries of their disability benefits violated those beneficiaries' constitutional due process rights. These social...
Browne House Appeals Unaffordable Child Support Award
Children are expensive, and the importance of prompt, regular payment of child support to a custodial parent cannot be overstated. However, Browne House Law has appealed a child support modification on behalf of a parent whose child support obligation was decided...
Bailey Selected for String Quartet Society Board
Browne House Law attorney Jason P. Bailey has been appointed to the String Quartet Society of Tuscaloosa. The String Quartet Society is a local non-profit that brings distinguished, nationally-recognized string players to Tuscaloosa for public concerts twice a year. ...
Browne House Law Gives Back at Wills for Heroes
More than one Browne House Law attorney participated in Wills for Heroes this week. The program helps to pair attorneys in Tuscaloosa with public servants like service members, police, and firefighters to assist them in preparing a will. The program is a joint effort...
Foley Ball Field Contract Dispute Headed To Missouri
A lawsuit over the installation of sand and sod on some ball fields in Foley must be decided several states away, in Missouri. The parties' contract had a forum selection clause that said any fight over the contract had to be in Missouri. The trial court ruled the...
First To File Wins Race To The Courthouse
The Alabama Supreme Court's opinion in Ex parte Skelton is a small masterclass on civil procedure. The court turned a messy family dispute involving a family trust and allegations of malfeasance into delightfully boring treatise on standing, abatement, and the...
$3M Verdict Upheld in Construction Zone Accident
A Greene County jury awarded three million dollars to a young man injured when his van crashed into a motor grader that pulled out in front of him in a construction zone. The driver was taken to a hospital with serious injuries that continued to limit his activities...
Court Accepts Appeal Filed A Day Late
Apparently timing isn't everything. The Alabama Supreme Court has allowed an appeal to proceed even though the appeal wasn't filed in the clerk's office until one day after time had expired. The circumstances, however, for the court accept an appeal filed past its...
Possession of Marijuana in Alabama: what you should know
With Canada’s recent legalization of marijuana and the midterms only days away, the legalization of marijuana has been a topic of major interest in the media this week. Take for example a few headlines from the past two days: “Utah lawmaker tries pot ahead of medical...
Third Time’s A Charm – Court Returns Custody to Parent
Sometimes it's a long and winding road to custody. Consider H.C. v. S.L., a case from 2015 on it's third appearance before the Alabama Court of Civil Appeals. On its two previous times through the lower court, a child was alleged to have been dependent, was found...
Judge Should Have Recused for Asking About Donations
The rules of decorum struck back in an Alabama Court of Criminal Appeals Case. Most people know the old rule, "never discuss politics or religion in polite company." Less well known and less elegant is "never should a judge ask a sworn, testifying witness how much...
Fraudulent Transfer Hinges on Intent
Sometimes when folks don’t want to pay money back or when they don’t want to give up collateral to pay off their debts, they’ll transfer assets to a third party so the bank or other creditor can’t get them. However, when a debtor sells the family farm for less than...
Alcohol Policies on Campus in 2018
The editorial board to Stanford’s campus newspaper just published an open letter to its office of student affairs. The letter addresses new developments in Stanford’s policies for alcohol consumption on campus. The policies are apparently intended to address early...