Home -> Law Blog Directory -> Appellate Law Blogs -> Alabama Appellate Watch
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Appellate Law
: Alabama Appellate WatchAppellate Court Raises Indispensable Party Issue First Time on Appeal
"The absence of an indispensable party is a jurisdictional defect that renders a proceeding void." Allbritton v. Dawkins, No. 2080063 (Ala. Civ. App. March 27, 2009). When a "'final judgment will affect ownership of an interest in real property, all parties claiming an interest in the real property must be joined.'" Id. The county is an indispensable party when the parties to a lawsuit ask the court to determine whether a road is public or private. Because the plaintiffs sought a declaration that Allbritton Lane is a public road, a determination that will affect the rights of the owners of the property underlying the purported easement who were not parties to the lawsuit, the court of civil appeals did not have jurisdiction over the appeal. The appellate court remanded the case to the trial court, ordering the trial court to add the proper parties. The court held that it could decide the indispenable party issue sua sponte on appeal even though the parties did not raise it at the trial cor appellate level because the issue is jurisdictional.
Full post as published by Alabama Appellate Watch on April 05, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Philip Morris
Loses Appeal, Will Pay Millions
Third Party Mobile Content Charges Settlement
Third Party Mobile Content Charges Class Action Settlement
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Mr. Brown Instant Coffee
Possible Melamine Contamination Prompts Canadian Agency to Issue Warning
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...
Google Inc.
alleging deceptive charges for ads displayed on third party web sites.

The Michigan Litigation Process - Appeals
Illinois Supreme Court Rule 365 Doesnt Save Notice Of Appeal Improperly Filed In Appellate Court
But I #%@*! Forgot to Raise the Gall Issue!
Pretrial Objections To Parol Evidence Not Enough To Save Issue For Appeal
What Is Required to Perfect Appeal
7th Circuit Court of Appeals Dismisses Petition For Panel Rehearing That Only Argued New Issue







