SUCCESS IN APPEAL OF FEDERAL DRUG CHARGE IN MOBILE ALABAMA

Government’s Appeal of Federal Drug Charge Dismissed On Bradford Ladner’s Motion A motion to dismiss filed by William K. Bradford ended a Federal drug charge appeal by the Government, and led to the dismissal of all drug charges against the client.  The client’s trial counsel had successfully argued a motion to suppress the evidence found […]

APPELLATE REVIEW OF EXPUNGEMENT PETITION

New Decision From Court of Criminal Appeals Clarifies Appeals of Expungement Petitions On April 29, 2016, the Alabama Court of Criminal Appeals issued an ruling regarding the appeal of an expungement petition.  The ruling holds that the only avenue for appellate review where an expungement petition is denied is by Writ of Certiorari.  In Bell v. […]

OPINION ON USE OF MILITARY DISABILITY BENEFITS IN DIVORCE CASE

The Alabama Court of Civil Appeals has released an opinion on the use of VA military disability benefits to calculate alimony, child support, and for determining the amount of alimony arrearage payments.  In Goldman v. Goldman # 2140488, the Court of Civil Appeals upheld current Alabama law holding that a veteran’s military disability benefits cannot […]

AWARD OF INSURANCE ANNUITY MONEY REVERSED IN ALABAMA CIVIL APPEALS COURT

Alabama Civil Appeals Court Rules in Favor of Bradford Ladner LLP Client in Civil Appeal over Insurance Annuity Proceeds The Alabama Court of Civil Appeals issued an opinion in Kowalski v. Upchurch on July 17, 2015 in which the Alabama Civil Appeals Court reversed the Jefferson County Circuit Court’s ruling awarding the surviving son the […]

Favorable Decision In Divorce Modification Appeal

Ruling Declared Void for Lack of Jurisdiction In Divorce Modification Appeal William K. “Chip” Bradford obtained a favorable resolution in a divorce modification appeal, where the appeals court voided a Circuit Court’s decree modifying a prior divorce decree regarding child support.  In this appeal, the parties had originally divorced in Hawaii while they were both stationed […]

Dismissal Reversed In Fraudulent Notarization Case

Fraudulent Notarization Voids Mortgage – Dismissal Reversed The Alabama Court of Civil Appeals reversed a Circuit Court’s dismissal of a fraudulent notarization claim.  The complaint alleging that a mortgage was void because it was fraudulently notarized. In the case of Lowery v. Wells Fargo Home Mortgage, Lowery claimed that certain pages of her mortgage loan […]

Alabama Supreme Court Holds Damages Cap Does Not Apply

$100,000.00 Damage Cap Does Not Apply To Individual Municipal Employees Holds Alabama Supreme Court In an opinion released March 14, 2014, the Alabama supreme court held that the statutory damage cap of $100,000.00 found in Alabama Code  11-47-190 does not apply to the liability of individual municipal employees.  The damage cap has long protected Alabama […]

Alabama Appeal Reiterates Factors For Rule 54(b) Certification

Rule 54(b) Certification Examined In Alabama Appeal The Alabama Supreme Court reiterated the factors that should be examined when considering a Rule 54(b) certification.  Under Rule 54(b) of the Alabama Rules of Civil Procedure, a trial court may certify an otherwise interlocutory order as a final order for purposes of immediate appeal. “When more than […]

City Must Plead And Prove Municipal Ordinance on Municipal Appeal

Failure Of City To Prove City Ordinance Results In Defendant Winning Municipal Appeal In Bailey v. City of Ragland, Alabama, ___ So.3d ___ (2013) 2013 WL 3716845, the Alabama Court of Criminal Appeals reviewed a municipal appeal from a city court conviction for harassment.  During the trial in circuit court, the city failed to plead […]

Student Search at School Struck Down – Alabama Appellate Law

Alabama Supreme Court Strikes Down Student Search at School The Alabama Supreme Court struck down a student search by the principal of his school in the recent Alabama appellate decision of State v. G.M., ___ So.3d ___, 2013 WL 4873080 September 13, 2013.    In this case, a student had been stopped by the assistance […]