Legal Opinion · Dissent

Sanchez v. McKinney

Supreme Court of Alabama

Decided May 27, 2011No. 1090904Published

1DissentMurdock, Justice

I

Our courts too often have treated as a matter of subject-matter jurisdiction that which does not go to the fundamental authority of the courts to decide a case. I believe this Court should, today, “clear up” the “ ‘ “blur[ring]” ’ [of] the lines” between such “distinct concepts” as “standing and real party in interest” of which the main opinion acknowledges our appellate courts have been “occasionally guilty.” 87 So.3d at 509 n. 7. We should not perpetuate in yet another case the confusion as to the issue of standing and, in turn, subject-matter jurisdiction that this Court has created in…

2Cases cited19 opinions

  1. Diamond v. CharlesSupreme Court of the United States · 1986
  2. Bowman, Jerry v. Wilson, Lieutenant Scott E., Brig Officer, Naval Confinement Facility Philadelphia Naval Yard. Appeal of Lieutenant Scott E. WilsonCourt of Appeals for the Third Circuit · 1982
  3. Copeland v. Jefferson CountySupreme Court of Alabama · 1969
  4. Cadle Co. v. ShabaniSupreme Court of Alabama · 2008
  5. Wyeth, Inc. v. Blue Cross & Blue Shield of AlabamaSupreme Court of Alabama · 2010

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