Supreme Court of Alabama

Jamie Gaddy v. Lisa Arleen Brascho

September 20, 20132013 Ala. LEXIS 117

Summary

The Alabama Supreme Court dismissed Gaddy's appeal because she had consented to the trial court's dismissal of her malpractice claim, and therefore the Court lacked jurisdiction to hear the appeal. The Court relied on Copeland v. Williamson that a plaintiff who knowingly agrees to a stipulation of dismissal has no standing to appeal. Justice Murdoch dissented, arguing the dismissal was not truly voluntary and that Gaddy was deprived of appellate review.