Legal Opinion · Concurring in part, dissenting in part

Ex Parte Cowabunga, Inc.

Court of Civil Appeals of Alabama

Decided January 21, 2011No. 2090734Published

1Concurring in part, dissenting in partMoore, Judge

I agree that the trial court must enter appropriate findings of fact and conclusions of law. However, I believe that the order entered by the trial court constituted a final judgment from which an appeal, not a petition for a writ of mandamus, lies.

Section 25 — 5—81(a)(1), Ala.Code 1975, provides that a controversy between an employer and an employee regarding “the right to compensation ... or the amount thereof’ shall be submitted to the circuit court in the county that would have jurisdiction of a civil action sounding in tort between the parties. Although “compensation” is defined,…

2Cases cited29 opinions

  1. Sanders v. Empire Fire and Marine Ins. Co.Supreme Court of Alabama · 1998
  2. State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
  3. State v. CobbSupreme Court of Alabama · 1972
  4. Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
  5. Ex Parte DCH Regional Medical CenterCourt of Civil Appeals of Alabama · 1990

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