context: The requirement that a district court transfer an action within the jurisdiction of the circuit court is jurisdictional. SS 12-11-9. However, for a district-court order transferring an action to the circuit court to be effective, the circuit court must have exclusive subject-matter jurisdiction over the action.
citation_a.signal: cf.
citation_a.identifier: 438 So.2d 766, 767-68
citation_a.parenthetical: holding that, when the district court dismissed, rather than transferred, a case not within its jurisdiction and a party appealed that dismissal, the circuit court could consider only the propriety of the dismissal on appeal, and determining that the circuit court lacked jurisdiction on appeal to consider the merits of the action
citation_a.sentence: Alexander v. Hawk, 189 So.3d 824, 827 (Ala.Civ.App.2013) (holding that, when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subject-matter jurisdiction, the circuit court was without jurisdiction to enter its judgment, which was void, and dismissing the appeal from that void judgment); Darby v. Schley, 8 So.3d 1011, 1014 (Ala.Civ.App. 2008) (holding that, because the circuit court did not have subject-matter jurisdiction over the unlawful-detainer action, the district court’s “unauthorized transfer” of the action “could not transfer jurisdiction over that action to the” circuit court); cf. Ex parte Smith, 438 So.2d 766, 767-68 (Ala.1983) (holding that, when the district court dismissed, rather than transferred, a case not within its jurisdiction and a party appealed that dismissal, the circuit court could consider only the propriety of the dismissal on appeal, and determining that the circuit court lacked jurisdiction on appeal to consider the merits of the action).
citation_b.signal: no signal
citation_b.identifier: 189 So.3d 824, 827
citation_b.parenthetical: holding that, when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subject-matter jurisdiction, the circuit court was without jurisdiction to enter its judgment, which was void, and dismissing the appeal from that void judgment
citation_b.sentence: Alexander v. Hawk, 189 So.3d 824, 827 (Ala.Civ.App.2013) (holding that, when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subject-matter jurisdiction, the circuit court was without jurisdiction to enter its judgment, which was void, and dismissing the appeal from that void judgment); Darby v. Schley, 8 So.3d 1011, 1014 (Ala.Civ.App. 2008) (holding that, because the circuit court did not have subject-matter jurisdiction over the unlawful-detainer action, the district court’s “unauthorized transfer” of the action “could not transfer jurisdiction over that action to the” circuit court); cf. Ex parte Smith, 438 So.2d 766, 767-68 (Ala.1983) (holding that, when the district court dismissed, rather than transferred, a case not within its jurisdiction and a party appealed that dismissal, the circuit court could consider only the propriety of the dismissal on appeal, and determining that the circuit court lacked jurisdiction on appeal to consider the merits of the action).