Opinion

Higgins v. Higgins

  • 952 So. 2d 1144
  • 2006 WL 1529698
Court
Court of Civil Appeals of Alabama
Filed
Jun 2, 2006
Status
Published
Author
Bryan
On the bench
Bryan, Crawley, Murdock
Cited by
14 cases
Authority
More cited than 15.2%

The opinion

To quote Justice Maddox's dissent in Harrison v. Alabama Power Co. , 371 So.2d 19 , 21 (Ala. 1979), "today's decision [regarding case no. 2040789] is too technical, and therefore, unjust." I agree with the rationale as stated in Justice Bolin's special concurrence in State v. Redtop Market, Inc. , 937 So.2d 1013 , 1016 (Ala. 2006), and posit that perhaps this case will present an opportunity for the Supreme Court of Alabama to revisit its overly technical interpretation of Rule 59.1, Ala. R. Civ. P., regarding the adequacy of language expressing consent to extend the 90-day period for ruling on a postjudgment motion. I concur in the result solely because I am constrained by the precedents and the decisions of the Supreme Court of Alabama. Quality Cas. Ins. Co. v. Ruben , [Ms. 2050042, April 14, 2006] ___ So.2d ___,___ (Ala.Civ.App. 2006) ("[the Alabama Court of Civil Appeals] is bound by the precedents established by the Supreme Court of Alabama"); see also § 12-3-16 , Ala. Code 1975.

THOMPSON, J., concurs.

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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