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Docketing Statement - Appeal To Supreme Court Of Alabama Form. This is a Alabama form and can be use in General Appellate.
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Tags: Docketing Statement - Appeal To Supreme Court Of Alabama, ARAP-24, Alabama Appellate, General
Form ARAP-24 (front)
(to be filed in by appellate court)
Appeal to the Supreme Court of Alabama
NOTE: completed Civil Case Cover Sheet must be attached
1/97
COUNTY
I.
Appellate Case Number
DOCKETING STATEMENT
State of Alabama
Unified Judicial System
CIVIL ACTION NUMBER
___________________________
TRIAL JUDGE
PARTY/ PARTIES FILING
APPEAL (Appellant) : _______________________________________________________________________________________________
APPELLANT’S
ATTORNEY:
_______________________________________________________________________(
)______________________
Telephone Number
________________________________________________________________________________________________________________________________________________________
Address
City
State
Zip Code
II.
PARTY/ PARTIES APPEALED
APPEAL (Appellee) : _______________________________________________________________________________________________
APPELLEE’S
ATTORNEY:
_______________________________________________________________________(
)_____________________
Telephone Number
_______________________________________________________________________________________________________________________________________________________
Address
City
State
Zip Code
III.
APPELLANT IS THE TRIAL COURT:
V.
RELIEF AWARDED/REQUESTED:
please check the appropriate block (s):
A. _____ Monetary damages were either sought or awarded, as set out below:
Plaintiff
Defendant
IV. IS THIS A CROSS-APPEAL?
Other
Yes
No
(a)
awarded in the amount of $ ____________________;
(b)
not awarded, but sought in the amount of $ ____________________;
(c)
1. Compensatory damages were:
sought, but not awarded - the amount sought was not specified in the complaint.
(a)
not awarded, but sought in the amount of $ ____________________;
(c)
3. A general award of damages ( not
awarded in the amount of $ ____________________;
(b)
2. Punitive damages were:
sought, but not awarded - the amount sought was not specified in the complaint.
(a)
made in the amount of $ ____________________;
differentiating between compensatory
(b)
not made, but sought in the amount of $ ____________________;
and punitive) was:
(c)
sought, but not made - the amount sought was not specified in the complaint.
4. Other monetary damages (Type:
(a)
awarded in the amount of $ ____________________;
________________________
(b)
not awarded, but sought in the amount of $ ____________________;
_____________________)were:
(c)
sought, but not awarded - the amount sought was not specified in the complaint.
5. Was there a remittitur or additur at issue in the trial court?
Yes
No
(if yes, please provide the details in the “FACTS” section on the back of this form)
B. _____ Equitable and/or declaratory relief was sought in the trial court
C. _____ Other
(Please provide in the details of the issue(s) before the Court in the “ISSUES” section on the back of this form.)
VI.
TYPE OF JUDGMENT OR ORDER APPEALED. (Please check one) :
A
Judgment based on a jury Verdict
D
Order granting a New Trail
G
B
Judgment based on a Non-jury Decision
E
Judgment as a Matter of Law
H
Dismissal
Default Judgment
C
Judgment Notwithstanding the Verdict (JNOV)
F
summary Judgment
I
Other
VII. IF THE CASE WENT TO TRAIL, HOW MANY DAYS DID THE TRAIL TAKE? ____________
VIII. FINALITY OF JUDGMENT: Date of entry of judgment or order appealed from:
_____________________________________
Month
Day
Year
1. Is the judgment or order appealed from in compliance with rule 58, A.R.Civ.P.?
Yes
No
2. Does the order appealed from constitute a disposition of all claims as to all parties?
Yes
No
3. If not, did the trial court enter an order intended to make the order final pursuant to rule 54(b)?
4. If the trial court intended to make the order appealed from final pursuant to rule 54 (b), did the court in the Rule 54 (b)
Yes
No
Yes
No
order expressly determine that there was no just reason for delay and expressly direct that final judgment be entered?
5. If the answer to question 2 is “NO” , and the trial court did not make the order final by full compliance with Rule 54(b),
please explain the basis for seeking appellate review and cite the authority for this appeal:
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
IX. POST-JUDGMENT MOTIONS: List all post-judgment motions by date of filing, type, and date of disposition
(whether by trial court order or by the provisions of Rule 59.1, A.R.Civ.P.):
DATE OF FILING
Month
Date
Year
TY PF POST-JUDGMENT MOTION
DATE OF DISPOSITION
Month
Date
Year
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Form ARAP-25 (back)
1/97
X. CONSTITUTIONAL ISSUES:
DOCKETING STATEMENT Appeal to the Supreme Court of Alabama
Yes
No
2. If so, have the provisions been complied with?
XI. NATURE OF CASE ON APPEAL:
describes or categorizes the basis
applicable to the suit.
TORTS:
01
Bad Faith
02
Fraud
03
Legal Malpractice
04
Medical Malpractice
05
Other Malpractice
06
Products/AEMLD
07
Negligence (Vehicular)
08
Negligence (Gen./other)
09
Personal Property
1. Are the provisions of Rule 44, A.R.App.P., applicable to this appeal?
Yes
No
In the left column of boxes proceeding the categories listed below, check the box (check only one) that best
or theory of the primary issue on appeal. In the right column of boxes, check any secondary theories that are
10
Real property
11
Wrongful Death (All Types)
12
Wantonness
13
Conversion
14
Wrongful Employ Termination
15
Premises Liability
16
Outrage
29
Other: _________________
CONTRACTS
30
Commercial
31
Personal
32
Pension
33
Insurance
34
Employment
39
Other: __________
OTHER:
Real Property
40
41
Civ Rights (Prisoner)
42
Civil Rights (Other)
Wills/Trusts/ Estates
43
44
45
46
47
48
49
50
51
99
Declaratory judgment
Injunction (Commercial)
Injunction (Employment)
Injunction (Other)
Extraordinary Writ
Pub. Service Comm
RR/Seaman(FELA)
RICO
Other: ______________
______________
XII. APPELLATE REVIEW: Please take notice that your case may be initially reviewed by the Court of Civil Appeals. Pursuant to § 12-2-7, code of
Alabama 1975, the Supreme Court has the authority to transfer any civil case within its jurisdiction to the court of Civil Appeals, except cases
presenting a substantial question of federal or state constitutional law; cases involving a novel legal question, the resolution of which will have
significant statewide impact; utility rate cases appealed pursuant to § 31-1-140, Code of Alabama 1975, bond validation cases appealed pursuant
to § 6-6-754, Code of Alabama 1975, or Alabama State bar disciplinary proceedings.
If you believe this case should not be transferred to the Court of Civil Appeals, please state with specificity the reason(s) why it should not be
transferred, referring to pertinent sections of § 12-2-7. Reasons should be supported in the ISSUES and FACTS sections of this docketing statement.
___________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
XIII. ISSUES: Briefly summarize the issue(s) on appeal.
XIV. FACTS: without argument, briefly summarize the facts to inform the court of the nature of the case.
_______________________________________________
Date
_______________________________________________________________
Signature of Attorney/Party Filing this Form
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