791 So. 2d 975 - Englebert v. Englebert’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An appellate ‘[e]ourt looks to the essence of a motion, not necessarily its title, to determine how the motion is to be considered under the Alabama Rules of Civil Procedure.’ Ex parte Johnson, 715 So.2d 783, 785 (Ala.1998). Motions filed within the 30-day limitation of Rule 59(e), Ala. R. Civ. P., have been held to be Rule 59 motions and not Rule 60[, Ala. R. Civ. P.,] motions when they have been filed within 30 days of the judgment and have requested relief available under Rule 59(e). See Johnson, 715 So.2d at 786 ; Ex parte Alfa Mut. Gen. Ins. Co., 684 So.2d 1281 (Ala.1996). We therefore hold that the son’s motion for relief from the default judgment, which was filed within 30 days of the entry of that judgment, was a Rule 55(c) motion to set aside a default judgment. “The judge did not rule on that motion within 90 days; accordingly, it was deemed denied by operation of law on May 27, 1998. Rule 59.1, Ala. R. Civ. P.””

   1 later decision quote this exact passage
   e.g. Poole v. Monteiro

2. “'[T]he Rules of Civil Procedure do not authorize a movant to file a motion to reconsider the trial judge's ruling on his own post-judgment motion. . . . In the usual case, after a post-judgment motion has been denied, the only review of that denial is by appeal. . . .' Ex parte Dowling , 477 So.2d 400 , 404 (Ala. 1985). A Rule 60(b) motion cannot be used as a substitute for an appeal.”

   1 later decision quote this exact passage
   e.g. 876 So. 2d 479 - McLendon v. Hepburn

3. “An appellate '[c]ourt looks to the essence of a motion, not necessarily its title, to determine how the motion is to be considered under the Alabama Rules of Civil Procedure.'”

   1 later decision quote this exact passage
   e.g. 876 So. 2d 479 - McLendon v. Hepburn