Legal Opinion · Concurrence

Wallace v. Belleview Properties Corp.

Supreme Court of Alabama

Decided December 21, 2012No. 1100902Published

1ConcurrenceMurdock, Justice

I agree with the main opinion. I write separately first to offer in Part A below a rationale for the main opinion and for the authorities upon which it relies. Part B of this writing consists of additional authority and reasons in support of our holding today. Finally, in Part C, I comment upon the necessarily synonymous nature of finality for purposes of execution and finality for purposes of appeal.

A

A court’s authority to make a decision and the correctness of that decision are two different things. The authority to make a decision is not dependent upon the making of a correct decision. A…

2Cases cited17 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
  3. Jerry Keith and Connie Keith v. Truck Stops Corporation of America, John Doe or John Doe Inc. Appeal of Truckstops of America CorporationCourt of Appeals for the Third Circuit · 1990
  4. Page v. PreisserCourt of Appeals for the Eighth Circuit · 1978
  5. Redding & Company, Inc. v. Russwine Construction CorporationCourt of Appeals for the D.C. Circuit · 1969

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