Legal Opinion

Luker v. Carrell

Supreme Court of Alabama

Decided August 31, 2007No. 1051805PublishedCited by 13 opinions

1Opinion of the Court

SEE, Justice.

James H. Luker petitioned this Court for certiorari review of a decision of the Court of Civil Appeals, arguing that an amendment to Rule 58(c), Ala. R. Civ. P., which became effective while his petition was pending, should apply to revive his appeal, which the Court of Civil Appeals dismissed as untimely. Luker v. Carrell, 25 So.3d 1148 (Ala.Civ.App.2006). We agree and we therefore reverse the Court of Civil Appeals’ judgment and remand this case.

Facts and Procedural History

Terry Carrell sued Luker and others in the Jefferson Circuit Court, alleging constructive eviction, fraud,…

2Cases cited6 opinions

  1. Ex Parte BonnerSupreme Court of Alabama · 1995
  2. Luker v. CarrellCourt of Civil Appeals of Alabama · 2006
  3. ALLSTATE INS., COMPANY v. Coastal Yacht Services, Inc.Supreme Court of Alabama · 2001
  4. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CobbSupreme Court of Alabama · 1998
  5. Williams v. FOX TEL. STATIONS OF BIRMINGHAM, INC.Court of Civil Appeals of Alabama · 2006

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Melvin v. LoatsCourt of Civil Appeals of Alabama · 2009
  2. Barnes v. HMB, LLCCourt of Civil Appeals of Alabama · 2009
  3. Beaver County v. Utah State Tax CommissionUtah Supreme Court · 2010
  4. In Re the Guardianship & Conservatorship of MurphySouth Dakota Supreme Court · 2013
  5. A.T. v. D.M.Court of Civil Appeals of Alabama · 2018

8 more not listed; retrieve them via the Exa API.

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