Opinion

City of Prattville v. Corley

  • 892 So. 2d 845
  • 2003 WL 22320933
Court
Supreme Court of Alabama
Filed
Oct 10, 2003
Status
Published
Author
Woodall
On the bench
See, Woodall
Cited by
17 cases

residents' claims of negligence, trespass, and nuisance asserted against the City of Prattville, arising from flooding of the City's storm drains, fell within the scope of § 11-47-190, Ala. Code 1975

How later courts described this case

  • residents' claims of negligence, trespass, and nuisance asserted against the City of Prattville, arising from flooding of the City's storm drains, fell within the scope of § 11-47-190, Ala. Code 1975

Written by the judges who cited it.

The opinion

Under Rule 5, Ala. R.App. P., an appeal by permission may be allowed where an "interlocutory order involves a controlling

question of law as to which there is substantial ground for difference of opinion." (Emphasis added.) Here, although the interlocutory order involves a question of law, it certainly does not involve a "controlling" question of law. Therefore, I must respectfully dissent, because I would dismiss this appeal without prejudice.

In certifying its order for permissive appeal, the trial court clearly expressed its hope that an immediate appeal would facilitate "further attempts to reach final resolutions or settlements in these matters," and even went so far as to state "that pretrial resolution is probable if [the legal] issue is . . . decided by [this Court]." While the trial court's interest in settlement is understandable, and while pretrial settlements are to be encouraged, those factors do not make the issue presented "controlling," for purposes of Rule 5.

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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