Opinion

City of Gadsden v. Johnson

  • 891 So. 2d 903
  • 2004 WL 914900
Court
Court of Civil Appeals of Alabama
Filed
Apr 30, 2004
Status
Published
Author
Pittman
On the bench
Pittman, Thompson
Cited by
5 cases
Authority
More cited than 15.1%

reversing a judgment on remand because the trial court had considered additional evidence rather than entering a corrected judgment based on the evidence originally presented to it

How later courts described this case

  • reversing a judgment on remand because the trial court had considered additional evidence rather than entering a corrected judgment based on the evidence originally presented to it
  • "[I]t is clear that the trial court, on remand, was to determine, from the evidence already before it, the degree of any disability Johnson suffered as a result of the February 1993 on-the-job accident. . . . Instead, the trial court took new evidence on the issue already decided by this court, and that evidence was intermingled with evidence pertaining to another injury. The trial court was not free to conduct a new trial. . . ." (citing Auerbach v.Parker, 558 So.2d 900 (Ala. 1989); Murphree v.Murphree, 600 So.2d 301 (Ala.Civ.App. 1992); and Exparte Dodson, 459 So.2d 884 (Ala.Civ.App. 1984))

Written by the judges who cited it.

The opinion

I concur with the main opinion. I write specially to note that we are not bound by our denial of mandamus relief in Ex parte City of Gadsden (No. 2980734, April 13, 1999), 777 So.2d 337

(Ala.Civ.App. 1999) (table). Denial of a mandamus petition "cannot have res judicata effect on subsequent proceedings in light of the extraordinary nature of the writ of mandamus," and such a denial "does not operate as a binding decision on the merits." R.E. Grills, Inc. v. Davison , 641 So.2d 225 , 229 (Ala. 1994).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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