Legal Opinion · Dissent

Wilson v. Southeast Alabama Medical Center

Court of Civil Appeals of Alabama

Decided July 24, 2015No. 2140225Published

1DissentMoore, Judge

I respectfully dissent.

The main opinion acknowledges that the Houston Circuit Court (“the trial court”) erred by dismissing Jaquala Wilson’s appeal for lack of subject-matter jurisdiction. 187 So.3d at 1167. Nevertheless, the rhain opinion purports to affirm the dismissal on a ground upon which the trial court did not rely, namely, that Wilson did not pay the filing fee for her appeal despite numerous orders entered by the trial court requiring her to do so.

The main opinion first posits that the failure to pay a filing fee constitutes a valid legal ground- for dismissal under Scott v.…

2Cases cited4 opinions

  1. Finch v. FinchSupreme Court of Alabama · 1985
  2. Warren v. HooperSupreme Court of Alabama · 2007
  3. Scott v. KimerlingCourt of Civil Appeals of Alabama · 1982
  4. Capaci v. Folmar Kenner, LLCSupreme Court of Alabama · 2009

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