Legal Opinion

Boswell v. Lowery

Court of Civil Appeals of Alabama

Decided September 21, 2012No. 2110463PublishedCited by 3 opinions

1Opinion of the Court

BRYAN, Judge.

Joseph Boswell appeals from a judgment of the Mobile Circuit Court (“the circuit court”) in favor of Mary Lowery. Because the circuit court lacked subject-matter jurisdiction to enter that judgment, that judgment is void, and, because a void judgment will not support an appeal, we dismiss Boswell’s appeal with instructions to the circuit court.

On July 8, 2010, Lowery brought an unlawful-detainer action against Boswell in the Mobile District Court (“the district court”), seeking possession of a house she had rented to Boswell (“the house”) and recovery of unpaid rent. Boswell…

2Cases cited6 opinions

  1. Nunn v. BakerSupreme Court of Alabama · 1987
  2. Ex Parte SmithSupreme Court of Alabama · 1983
  3. Singleton v. GrahamCourt of Civil Appeals of Alabama · 1998
  4. Mpq v. Birmingham Realty Company, 1091582 (Ala. 8-12-2011)Supreme Court of Alabama · 2011
  5. Williamson v. Fourth Avenue Supermarket, Inc.Supreme Court of Alabama · 2009

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

3Cited by3 opinions

  1. Birmingham Derby Club, Inc. v. City of BirminghamCourt of Civil Appeals of Alabama · 2013
  2. In re: Janae Mitchell v. Melester FordCourt of Civil Appeals of Alabama · 2026
  3. McWhorter v. ParsonsCourt of Civil Appeals of Alabama · 2016

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