Legal Opinion · Concurrence

Enslen v. Alabama Department of Transportation

Court of Civil Appeals of Alabama

Decided March 18, 2016No. 2140963 and 2140964Published

1ConcurrenceThompson, Presiding Judge

I agree with the main opinion that Judge John E. Enslen does not have standing, in his capacity as probate judge of Elmore County, to appeal the judgments of the Elmore Circuit Court (“the *846trial court”) in these actions. Lack of standing is a jurisdictional defect. State v. Property at 2018 Rainbow Drive, 740 So.2d 1025, 1027 (Ala.1999). Therefore, I agree "with the main opinion’s decision to dismiss the appeals. See Cadle Co. v. Shabani, 4 So.3d 460, 463 (Ala.2008) (holding that, in the absence of subject-matter jurisdiction because of a lack of standing, the court must dismiss the action);…

2Cases cited14 opinions

  1. State v. Property at 2018 Rainbow DriveSupreme Court of Alabama · 1999
  2. Cadle Co. v. ShabaniSupreme Court of Alabama · 2008
  3. Triple J Cattle, Inc. v. ChambersSupreme Court of Alabama · 1993
  4. Ex Parte VanceSupreme Court of Alabama · 2004
  5. Ex Parte SharpSupreme Court of Alabama · 2003

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