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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...
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...