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Tidwell v. State Ethics Commission

Supreme Court of Alabama
May 1, 1992
599 So. 2d 12 (Ala. 1992)

Opinion

1901928.

May 1, 1992.

Appeal from the Montgomery Circuit Court, No. CV-91-480, Charles Price, J.

B. Don Hale, Cullman, for appellants.

R. David Christy, Montgomery, for appellees.


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.

SHORES, STEAGALL, KENNEDY and INGRAM, JJ., concur.


Summaries of

Tidwell v. State Ethics Commission

Supreme Court of Alabama
May 1, 1992
599 So. 2d 12 (Ala. 1992)
Case details for

Tidwell v. State Ethics Commission

Case Details

Full title:Robert N. TIDWELL, Sr., et al. v. STATE ETHICS COMMISSION, et al

Court:Supreme Court of Alabama

Date published: May 1, 1992

Citations

599 So. 2d 12 (Ala. 1992)

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