From Latin, meaning “from the new.” When a court hears a case de novo, it is deciding the issues without reference to the legal conclusions or assumptions made by the previous court to hear the case.   An appeals court hearing a case de novo may refer to the trial court’s record to determine the facts, but will but rule on the evidence and matters of law without giving deference to that court’s findings. A trial court may also hear a case de novo following the appeal of an arbitration decision.

The Legal Department under the direction of Freddie Len White wants the Circuit Court to dismiss the appeals made by the defendant, and send the case back to the City of Dothan for trial again. The problem is, Circuit Court has no authority, like the appeals court, to send the case back to the Municipal level to correct their screw ups.

Notice in Dothan's response in the Amos Newsome case, the Dothan attorney's cite Circuit cases but never cite a municipal case on this issue. That is because all other lawyers across this state knew what they were doing. It was the City of Dothan Legal Department that screwed the pooch. Kinda like De Novo , from the new...we have stupid lawyers representing the City of Dothan.

ILLEGAL APPOINTMENT OF ACTING MUNICIPAL JUDGE

FROM THE DOTHAN.org, the web site of the City of Dothan about the Legal Department:

Responsibilities of the City Attorney

The city attorney and staff are the primary in-house legal counsel for the City Commission, city manager, and city department heads, providing legal representation on all legal matters involving the city. This encompasses prosecution in municipal courts and civil litigation in state and federal court, furnishing legal opinions to the City Commission, city manager, and departments on legal issues, reviewing and approving legal documents, contracts and other legal instruments, and acting as general advocate for the city's legal interests in claims filed against the city.

Legal Department

The legal department of the City of Dothan is comprised of three attorneys and two administrative assistants who are responsible for the proper administration of the legal affairs of the city. The legal department has the supervision and responsibility for the prosecution and defense of all actions and appeals involving the city in all courts, before all boards, commissions, and administrative agencies.

The legal department is responsible for the legal representation of city boards and commissions including, but not limited to, the City of Dothan Planning Commission, City of Dothan Personnel Board, City of Dothan Board of Zoning Adjustment, and City of Dothan Board of Recreation.

The legal department has the supervision and responsibility for the prosecution of all charges of violations of municipal ordinances and regulations in the City of Dothan Municipal Court.

The legal department is responsible for furnishing legal advice, counsel, and assistance to the city governing body, heads of departments and all other city officers in relation to their duties and the business of the city. This includes, but is not limited to, assistance in preparation and review of ordinances, resolutions, policies, deeds, leases, contracts, personnel matters, recommendations for disposition of damage claims against the city, easements, right-of-way procurement, annexation elections, and proposals for state legislation.

Municipal Law

Municipal law has changed dramatically over the years evolving into a complex and specialized field of its own. With liability expanding continually for virtually every aspect of governmental operations and compliance and an ever-increasing body of law a necessity, the role of the legal department is important to the City of Dothan's ability to continue to provide effective public service and meet the challenges of the 21st century.