· 5/12/2006
Ex Parte Town of Lowndesboro
Citations
- 950 So. 2d 1203
- 2006 WL 1304902
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, even if raised by the parties, a jurisdictional issue \not decided by the courts and made part of the opinion of the case\ has no precedential effect
- explaining why prior decisions failing to recognize that an attorney-fee award against the State is barred by § 14 cannot be deemed as precedent allowing such awards, namely because the issue was \not decided by the courts and made part of the opinion of the case\
- Section 14 precludes an award of an attorney fee in a declaratory-judgment action against a state agency or department
- Section 14 precludes an award of an attorney fee in a declaratory-judgment action against a state agency or department
- “When an action is one against the State or a State agency, § 14 [of the Alabama Constitution] wholly removes subject-matter jurisdiction from the courts.”
- Even if raised by the parties, a jurisdictional issue \not decided by the courts and made part of the opinion of the case\ has no precedential effect.
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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