Legal Opinion

Sanders v. BLUE CROSS-BLUE SHIELD OF ALA.

Supreme Court of Alabama

Decided February 23, 1979No. 77-508PublishedCited by 21 opinions

1Opinion of the Court

The original opinion is withdrawn and the following is substituted therefor. In the original opinion, the Court stated that "[w]here a motion for relief under Rule 60, ARCP is granted or denied, the action of the trial court is appealable." That statement is correct as it applies to the facts in this case, however, we deem it appropriate to clarify the standard for determining the appealability of Rule 60 orders.

In this case, Blue Cross-Blue Shield of Alabama, Inc. (hereinafter Blue Cross) petitioned the Court for a writ of mandamus ordering Circuit Court Judge Braxton L. Kittrell, Jr. to…

2Cases cited3 opinions

  1. Personnel Bd. for Mobile County v. BronsteinCourt of Civil Appeals of Alabama · 1977
  2. Alcoholic Beverage Control Bd. v. TaylorSupreme Court of Alabama · 1976
  3. Burks v. ZeanahCourt of Civil Appeals of Alabama · 1974

3Cited by21 opinions

  1. R.E. Grills, Inc. v. DavisonSupreme Court of Alabama · 1994
  2. Continental Oil Co. v. WilliamsSupreme Court of Alabama · 1979
  3. Nowlin v. Druid City Hosp. Bd.Supreme Court of Alabama · 1985
  4. ALA. FARM BUREAU MUT. CAS. INS. CO. v. BoswellSupreme Court of Alabama · 1983
  5. State ex rel. A.S. v. R.S.C.Court of Civil Appeals of Alabama · 2002

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