Johnson v. Hetzel
100 So. 3d 1056
Ala.2012Background
- Johnson, an inmate at Donaldson Correctional Facility, alleges defendants placed him in dangerous house arrest leading to a subsequent fight and injury.
- Johnson filed a complaint in Montgomery Circuit Court on May 24, 2011 seeking relief for cruel and unusual punishment under state and federal constitutions.
- Johnson also filed an affidavit of substantial hardship on May 24, 2011 requesting a waiver of the initial filing fee.
- A second affidavit of substantial hardship was filed in December 2011; the court later set a nonjury trial for January 24, 2012.
- On January 24, 2012, the circuit court dismissed Johnson’s complaint after defendants moved to dismiss or for summary judgment.
- Johnson appeals, contending the circuit court lacked jurisdiction because he did not pay the filing fee and the affidavits of hardship were not approved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court lacked jurisdiction. | Johnson asserts nonpayment of the fee and lack of approved hardship affidavits denied jurisdiction. | Hetzel et al. contend jurisdiction attaches only after proper fee payment or hardship approval. | Yes, the circuit court lacked jurisdiction; judgment void. |
Key Cases Cited
- Odom v. Odom, 89 So.3d 121 (Ala.Civ.App.2011) (filing fee or hardship approval is a jurisdictional prerequisite)
- Vann v. Cook, 989 So.2d 556 (Ala.Civ.App.2008) (jurisdictional prerequisite for actions requires fee or hardship filing)
- De-Gas, Inc. v. Midland Res., 470 So.2d 1218 (Ala.1985) (rationale for prerequisite to commence action)
- Ex parte Carter, 807 So.2d 534 (Ala.2001) (court lacked jurisdiction if fee not collected or hardship not approved)
- Hunt Transition & Inaugural Fund, Inc. v. Grenier, 782 So.2d 270 (Ala.2000) (void judgments cannot support appeals; must vacate)