Nunn v. Baker

Citation518 So.2d 711
PartiesRhonda NUNN v. John BAKER, as Chairman of the State Democratic Executive Committee, et al. 86-93.
Decision Date06 November 1987
CourtSupreme Court of Alabama

PER CURIAM.

The original opinion in this case is withdrawn and the following is substituted therefor:

When this election contest was originally submitted to us, we followed our usual procedures for determining whether we had jurisdiction over the matter, and, discovering no jurisdictional bar to our consideration of the case, proceeded to render a decision on the merits. In their application for rehearing, the defendants-appellees now raise for the first time the question of whether this Court had jurisdiction. They submit that we had no jurisdiction over the case, and they argue that our original opinion must therefore be withdrawn and the appeal dismissed. For the reasons set forth below, we agree with the defendants-appellees.

Although it is settled law that this Court will generally not consider matters on rehearing that were not raised during the appeal, Stover v. Alabama Farm Bureau Ins. Co., 467 So.2d 251 (Ala.1985), jurisdictional matters are of such magnitude that we take notice of them at any time and do so even ex mero motu. Horn v. Dunn Brothers, Inc., 262 Ala. 404, 79 So.2d 11 (1955).

We are therefore compelled to consider the jurisdictional question now before us. We nevertheless urge the members of the bar to raise such issues at the earliest possible moment in the presentation of a case before this Court. Concomitant with our duty to consider jurisdictional matters is at least an equal duty on the part of the lawyers of this state to present such dispositive matters in the timeliest possible fashion. The time and energy of this Court are not infinite, and the waste of either must be scrupulously avoided if we are to sustain the quality of decision expected of us.

In Buskey v. Amos, 294 Ala. 1, 310 So.2d 468 (1975), this Court held that it had lost jurisdiction over an election contest based on a challenge to the residency qualifications of a candidate for the state senate. In Buskey, the challenged candidate had been certified as his party's nominee; his name had been placed on the general election ballot; he had been elected to the state senate by the people of his district; he had been certified by the Secretary of State as having been elected to the senate; and he had taken the oath for the office of state senator, all before the challenge was submitted to this Court. The Court held that it had no jurisdiction over the question of the challenged candidate's residency qualifications after he had taken office, because such questions were constitutionally committed to the state legislature:

"It is uncontradicted that [the candidate] was certified on November 13, 1974, by [the] Secretary of State, to have been elected to the State Senate in the general election of November 5, 1974, and that [the candidate] took the oath of office as Senator from District 33 on November 11, 1974, and presently occupies that seat in the State Senate. Article 4, Section 46, Alabama Constitution of 1901, provides that 'The terms of office of the senators and representatives shall commence on the day after the general election at which they are elected * * *.'

"Article 4, Section 51, Alabama Constitution of 1901, provides, in reference to the legislature of this state, 'Each house shall choose its own officers and shall judge of the election,...

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  • Tulley v. City of Jacksonville
    • United States
    • Alabama Court of Criminal Appeals
    • 3 Octubre 2014
    ...further find that this issue implicates the jurisdiction of the circuit court and, thus, could be raised at any time. See Nunn v. Baker, 518 So.2d 711, 712 (Ala.1987) (stating that “jurisdictional matters are of such magnitude that we take notice of them at any time and do so even ex mero m......
  • Wood v. Booth
    • United States
    • Alabama Supreme Court
    • 22 Febrero 2008
    ...after the general election, the appellees cite Art. IV, § 46 and § 51, Ala. Const.1901, and this Court's decisions in Nunn v. Baker, 518 So.2d 711 (Ala. 1987), and Buskey v. Amos, 294 Ala. 1, 310 So.2d 468 (Ala.1975), in support of their contention that this Court has no jurisdiction over W......
  • Wilkinson v. Cochran
    • United States
    • Alabama Court of Civil Appeals
    • 31 Enero 2020
    ..." ‘jurisdictional matters are of such magnitude that we take notice of them at any time and do so even ex mero motu.’ Nunn v. Baker, 518 So. 2d 711, 712 (Ala. 1987)." Bryant v. Flagstar Enters., Inc., 717 So. 2d 400, 401 (Ala. Civ. App. 1998). The trial court stated in its May 19, 2017, ord......
  • State v. Martin
    • United States
    • Alabama Court of Criminal Appeals
    • 25 Septiembre 2009
    ...State v. Isbell, 955 So.2d 476 (Ala.Crim.App.2006).” State v. Crittenden, 17 So.3d 253, 259 (Ala.Crim.App.2009). See also Nunn v. Baker, 518 So.2d 711, 712 (Ala.1987) (holding that “jurisdictional matters are of such magnitude that we take notice of them at any time and do so even ex mero m......
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