Ex Parte City of Birmingham. (in Re City of Birmingham v. Ernest Alexander)

Summary

The Alabama Supreme Court reversed the Court of Civil Appeals, holding that the appellate court erred in applying the law‑of‑the‑case doctrine to preclude review of its earlier decision in Alexander I, and remanded for further proceedings consistent with the Supreme Court’s decision in Ervin. Justice Murdock filed a special concurrence noting the distinction between final and non‑final judgments for Rule 60(b)(5) purposes.