Appellate Law

Court Reviews Sua Sponte Judgment on the Pleadings De Novo

In Medlock et al. v. Safeway Ins. Co., No. 1071303 (Ala. Jan. 30, 2009), the Alabama Supreme Court reviewed de novo the judgment that the trial court entered in a declaratory judgment action before the plaintiff insurance company filed a motion for summary judgment. The Alabama Supreme Court treated the sua sponte  judgment as a Rule 12(c) judgment on the pleadings because the trial court relied only on the pleadings and on the insurance policy attached to the complaint, which was incorporated into the complaint by reference without objection from the defendants.  Three justices dissented. They would have dismissed the appeal based on lack of subject matter jurisdiction because they believed that there was no justiciable controversy between the plaintiff insurance company and the defendant insureds. 

Full post as published by Alabama Appellate Watch on February 09, 2009 (boomark / email).