Morton v. Blue Bell, Inc.
| Decision Date | 25 January 1989 |
| Citation | 540 So.2d 79 |
| Parties | Billie Jean MORTON v. BLUE BELL, INC. Civ. 6658. |
| Court | Alabama Court of Civil Appeals |
J. Robert Bentley of Bentley & Criswell, Oneonta, for appellant.
Juliet G. St. John of St. John & St. John, Cullman, for appellee.
In this workmen's compensation case the employee seeks a review of the following judgment which was rendered and entered by the trial court on May 6, 1988:
A final judgment in a workmen's compensation case must contain a statement of the law, the facts, and the conclusions as are determined by the trial court. Code of Ala. (1975), § 25-5-88. We are required to reverse this case since the above judgment totally omits a finding of facts as is mandated by the statute. Wallace v. Springs Industries, Inc., 503 So.2d 853 (Ala.Civ.App.1987); Dennis v. Gamble's, Inc., 389 So.2d 142 (Ala.Civ.App.1980), and cases cited therein. On remand, the learned trial court shall set aside its May 6, 1988 judgment in this cause and shall enter a final judgment which fully complies with section 25-5-88 "by containing the required statement of the law, facts, and conclusions as shall be determined by the trial court from the issues, evidence, exhibits, depositions, admissions, stipulations, and other valid evidentiary matters which were before the trial court upon the original submission of this case." Wallace, 503 So.2d at 854.
As to the other issue which was raised by the employee, there was legal evidence to support a holding in favor of the employee. Consequently, this court will not review technical questions concerning the trial court's rulings upon the admission of evidence. Leaseway Transportation Corp. v. Burgett, 500 So.2d 1091 (Ala.Civ.App.1986); Young v. City of Huntsville, 342 So.2d 918, 924 (Ala.Civ.App.1976), cert. denied, 342 So.2d 924 (Ala.1977).
The foregoing opinion was prepared by Retired Circuit Judge EDWARD N. SCRUGGS while serving on active duty status as a judge of this court under the provisions of section 12-18-10(e), Code 1975, and this opinion is hereby adopted as that of the court.
REVERSED AND REMANDED WITH DIRECTIONS.
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Curry v. Interstate Exp., Inc.
...cases must contain a statement of the law, the facts, and the conclusions of law as determined by the trial court. Morton v. Blue Bell, Inc., 540 So.2d 79 (Ala.Civ.App.1989). Numerous decisions exist which hold that a failure to abide by the requirements of the statute mandates reversal. Mo......
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Lee Apparel Co., Inc. v. Hart
...It is well settled that failure to abide by the requirements of the statute mandates reversal. See Curry, supra; Morton v. Blue Bell, Inc., 540 So.2d 79 (Ala.Civ.App.1989); Wallace v. Springs Industries, Inc., 503 So.2d 853 (Ala.Civ.App.1987); Dennis v. Gamble's, Inc., 389 So.2d 142 (Ala.Ci......
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...§ 25-5-88 rather than dismissing the appeals ex mero motu as not having been taken from final judgments. E.g., Morton v. Blue Bell, Inc., 540 So.2d 79 (Ala.Civ. App.1989); Norwood v. James River Corp., 655 So.2d 1047 (Ala.Civ.App.1995). Stated differently, a judgment that does not comply wi......
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...must contain a statement of the law, the facts, and the conclusions of the trial court. Ala.Code 1975, § 25-5-88. Morton v. Blue Bell, Inc., 540 So.2d 79 (Ala.Civ.App.1989). Substantial compliance is sufficient, and if the finding "is merely meager or omissive, this court will look to the e......