Tidwell v. State Ethics Commission
599 So. 2d 12, 1992 Ala. LEXIS 474, 1992 WL 86308
This text of 599 So. 2d 12 (Tidwell v. State Ethics Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tidwell v. State Ethics Commission, 599 So. 2d 12, 1992 Ala. LEXIS 474, 1992 WL 86308 (Ala. 1992).
Opinion
This appeal is dismissed on the authority of Underwood v. State, 439 So.2d 125 (Ala.1983).
“This court has held many times that the declaratory judgment statutes do not empower courts to decide moot questions or abstract propositions, or to give advisory opinions, however convenient it might be to have the questions decided for the government of future cases. The anticipation of a justiciable controversy is not sufficient to warrant a judicial declaration of rights.” (Citations omitted.)
Id., at 128.
The trial court’s advisory opinion was void, and a void judgment will not support an appeal. Id.
APPEAL DISMISSED.
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Bluebook (online)
599 So. 2d 12, 1992 Ala. LEXIS 474, 1992 WL 86308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tidwell-v-state-ethics-commission-ala-1992.