§ 12-22-71 — Proceedings When Only Amount of Judgment Excessive

Alabama § 12-22-71

• Jurisdiction: Alabama
• Title 12: Courts
• Ch. 22: Appellate Proceedings
• Art. 1: General Provisions
• Div. 5: Disposition of Appeals

Text

When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the opinion that the case should be reversed because the judgment of the lower court is excessive and that there is no other ground of reversal, the appellate court shall notify the appellee of the amount which it deems in excess of the just and proper amount of recovery and require the appellee, within a time to be stated in said notice, to remit such amount upon penalty of a reversal of the case. If the appellee does not, within the time stated in such notice or within such further time as may be granted by the court for good reason file a remittitur of such excessive amount, the appellate court shall reverse and remand the case; but, if the appellee shall file with the court a remittitur of the amount deemed excessive by the court, the appellate court shall reduce the amount of the judgment accordingly and shall affirm the case and enter a judgment for such reduced amount, which judgment so entered shall be and remain the judgment of the lower court and shall date back to the time of the entry or rendition of the judgment in the lower court.

Legislative History

(Acts 1915, No. 542, p. 610; Code 1923, §6150; Code 1940, T. 7, §811.)