Alabama Supreme Court Decisions

When a trustee must defend against an attack on his management of trust assets, the trustee is entitled to recover litigation expenses.  Regions Bank – ASC Case

Substituting defendant for fictitious party does not relate back where the plaintiff was not ignorant of defendant’s identity when describing fictitious parties in his original complaint. Ex parte Noland – ASC Case

Rule 54(b) certification is inappropriate where the judgment certified involves issues closely intertwined with claims still pending. Highlands of Lay – ASC Case

The Circuit Court lacked jurisdiction to enter judgment, because the plaintiff did not pay filing fee and the court had never approved the plaintiff’s statement of substantial hardship. Brandon Johnson – ASC Case