Legal Opinion · Concurring in part, dissenting in part

Alabama Coalition for Equity, Inc. v. James

Supreme Court of Alabama

Decided May 31, 2002No. 1950030, 1950031, 1950240, 1950241, 1950408, and 1950409Published

1Concurring in part, dissenting in partMoore, Chief Justice

I concur in the result in part and dissent in part. I not only agree that this case should be dismissed, but I would go further and say that it should be vacated. As I explain in this special writing, the trial court never had subject-matter jurisdiction over the original complaints. Therefore, the circuit court’s every act — from the first day — was illegal and is void. I cannot concur with the rationale of the majority opinion because the “Liability Order,” which was not a legal order in the first place, could never be final. Therefore, while I agree with this Court in finally ending the…

2Cases cited71 opinions

  1. Lewis v. CaseySupreme Court of the United States · 1996
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Rizzo v. GoodeSupreme Court of the United States · 1976
  4. Marbury v. MadisonSupreme Court of the United States · 1803
  5. Allen v. WrightSupreme Court of the United States · 1984

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