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Hanson v. Hearn

40 Citing cases

  1. Boykin v. Law

    946 So. 2d 838 (Ala. 2006)   Cited 22 times
    Explaining that, when construing a trial court's judgment, this Court is "free to review ‘all the relevant circumstances surrounding the judgment,’ and ‘the entire judgment ... should be read as a whole in the light of all the circumstances as well as of the conduct of the parties’ " (quoting Hanson v. Hearn, 521 So. 2d 953, 955 (Ala. 1988) )

    We construe the trial court's judgment like other written instruments: the rules of construction for contracts are applicable for construing judgments. Hanson v. Hearn, 521 So.2d 953, 954 (Ala. 1988); Moore v. Graham, 590 So.2d 293, 295 (Ala.Civ.App. 1991). We are free to review "all the relevant circumstances surrounding the judgment," and "the entire judgment . . . should be read as a whole in the light of all the circumstances as well as of the conduct of the parties."

  2. Ex parte Chmielewski

    280 So. 3d 386 (Ala. 2018)   Cited 4 times
    Reviewing all the relevant circumstances surrounding the entry of a judgment and concluding that, despite the failure of a judgment of dismissal to expressly reference a defendant who had filed a motion to dismiss and who had asserted the same arguments as another defendant, the judgment did not leave the proceedings pending as to either defendant

    "We construe [a] trial court's judgment like other written instruments: the rules of construction for contracts are applicable for construing judgments. Hanson v. Hearn, 521 So.2d 953, 954 (Ala. 1988) ; Moore v. Graham, 590 So.2d 293, 295 (Ala. Civ. App. 1991). We are free to review ‘all the relevant circumstances surrounding the judgment,’ and ‘the entire judgment ... should be read as a whole in the light of all the circumstances as well as of the conduct of the parties.’

  3. Graham v. Graham

    326 So. 3d 1046 (Ala. Civ. App. 2020)   Cited 1 times

    "Courts are to construe judgments as they construe written contracts, applying the same rules of construction they apply to written contracts. See Hanson v. Hearn, 521 So. 2d 953, 954 (Ala. 1988). Whether a judgment is ambiguous is a question of law to be determined by the court.

  4. Ester v. Crawford Grading & Pipeline, Inc. (Ex parte Utilities Bd. of Roanoke)

    348 So. 3d 1098 (Ala. 2021)   Cited 1 times

    "We construe [a] trial court's judgment like other written instruments: the rules of construction for contracts are applicable for construing judgments. Hanson v. Hearn, 521 So. 2d 953, 954 (Ala. 1988) ; Moore v. Graham, 590 So. 2d 293, 295 (Ala. Civ. App. 1991). We are free to review ‘all the relevant circumstances surrounding the judgment,’ and ‘the entire judgment ... should be read as a whole in the light of all the circumstances as well as of the conduct of the parties.’

  5. Ex parte Utilities Bd. of City of Roanoke

    No. 1200307 (Ala. Sep. 3, 2021)

    "We construe [a] trial court's judgment like other written instruments: the rules of construction for contracts are applicable for construing judgments. Hanson v. Hearn, 521 So.2d 953, 954 (Ala. 1988); Moore v. Graham, 590 So.2d 293, 295 (Ala. Civ. App. 1991). We are free to review 'all the relevant circumstances surrounding the judgment,' and 'the entire judgment ... should be read as a whole in the light of all the circumstances as well as of the conduct of the parties.' Hanson, 521 So.2d at 955.

  6. Ex Parte Snider

    929 So. 2d 447 (Ala. 2005)   Cited 24 times   1 Legal Analyses
    Opining that "[t]he Alabama Constitution provides clear recognition of the inalienable right to worship God" and citing to ARFA

    In this context, we lack the trial court's reaction to Laura's broad reading of the order and are therefore placed in a position analogous to a court's being called upon to interpret the effect of a previous order in a proceeding. In Moore v. Graham, 590 So.2d 293, 295 (Ala.Civ.App. 1991), the Alabama Court of Civil Appeals, citing Hanson v. Hearn, 521 So.2d 953 (Ala. 1988), accurately summarized this Court's holdings as to the construction of judgments as follows: "Judgments are to be construed like other written instruments.

  7. Atlantic Contracting Material v. Ulico Casualty Co.

    380 Md. 285 (Md. 2004)   Cited 136 times   1 Legal Analyses
    Holding that "reasonableness of attorneys' fees" under a contractual indemnity clause "is generally a factual determination within the 'sound discretion of the trial judge . . .'"

    "The entire judgment — all provisions considered — should be read as a whole in the light of all the circumstances as well as of the conduct of the parties." Hanson v. Hearn, 521 So.2d 953, 955 (Ala. 1988). "When interpreting a consent decree, or any other agreement, words must be read in context.

  8. Jones v. Hubbard

    356 Md. 513 (Md. 1999)   Cited 74 times
    Applying Maryland law

    "[T]he entire judgment — all provisions considered — should be read as a whole in the light of all the circumstances as well as of the conduct of the parties." Hanson v. Hearn, 521 So.2d 953, 955 (Ala. 1988). "When interpreting a consent decree, or any other agreement, words must be read in context. The decree must be read as a whole, each of its provisions being interpreted together with its other provisions.

  9. Curtis v. Curtis

    No. 2200282 (Ala. Civ. App. Sep. 24, 2021)   Cited 2 times
    In Curtis v. Curtis, 367 So. 3d 1088 (Ala. Civ. App. 2021) ("Curtis IV"), this court affirmed the trial court’s judgments in part, reversed them in part, and remanded the causes to the trial court.

    Judgments are to be interpreted "like other written instruments: the rules of construction for contracts are applicable for construing judgments." Boykin v. Law, 946 So.2d 838, 848 (Ala. 2006) (citing Hanson v. Hearn, 521 So.2d 953, 954 (Ala. 1988), and Moore v. Graham, 590 So.2d 293, 295 (Ala. Civ. App. 1991)). A written instrument shall be construed to give full effect to each and every provision contained in context so that no part of the instrument shall be rendered meaningless.

  10. Beatty v. Beatty

    991 So. 2d 761 (Ala. Civ. App. 2008)   Cited 9 times
    Affirming the denial of a husband's request to reduce his monthly alimony payments in part because the husband could sell his automobile and his boat, thus allowing him to satisfy his alimony obligation

    "We construe the trial court's judgment like other written instruments: the rules of construction for contracts are applicable for construing judgments. Hanson v. Hearn, 521 So.2d 953, 954 (Ala. 1988); Moore v. Graham, 590 So.2d 293, 295 (Ala.Civ.App. 1991). We are free to review `all the relevant circumstances surrounding the judgment,' and the entire judgment . . . should be read as a whole in the light of all the circumstances as well as of the conduct of the parties.' Hanson, 521 So.2d at 955.