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 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 […]

Alabama Child Custody Modification Appeal

A Recent Alabama Child Custody Modification Appeal Emphasizes The Importance of Parental Nurturing of Independence In the recent child custody modification appeal of  Jones v. McCoy, ___So.3d___, 2013 WL 4873471 Sept. 13, 2013, the Alabama Court of Civil Appeals placed great emphasis on the custodial parents work in preparing a child for adulthood.  In this […]