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   State Courts - Alabama - January 7, 2000

  
Byrd v. Petelinski, 1980919, SUPREME COURT OF ALABAMA, January 7, 2000, Released
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Overview: An appeal of an adverse jury verdict was time-barred because defendant failed to file a timely notice of appeal when the trial court lost jurisdiction to rule on his post-judgment motions 90 days after the motions were filed.

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Courtright v. Courtright, 2980954, COURT OF CIVIL APPEALS OF ALABAMA, January 7, 2000, Released
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Overview: Trial court's order dividing property and awarding periodic alimony in appellant wife and appellee husband's divorce action was not equitable, considering length of marriage and disparity in parties' incomes.

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Ellison v. Green, 2980922, COURT OF CIVIL APPEALS OF ALABAMA, January 7, 2000, Released
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Overview: Jury verdict in favor of appellee on appellants' fraud claims was affirmed by the court, but appellee was not entitled to attorney fees, because payment of fees was neither authorized by statute nor contractually agreed.

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Ex parte Conaway, 1971902, SUPREME COURT OF ALABAMA, January 7, 2000, Released
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Overview: The court reversed an order which found a real estate contract void for ambiguity and for lack of mutual assent, holding that the ambiguity did not reach the point where construction became futile.

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Ex parte R.T.S., 1981967, SUPREME COURT OF ALABAMA, January 7, 2000, Released
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Overview: The court applied the ore tenus presumption that the trial court's finding that custody with appellant father was in the best interest of the parties' children.

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J & J Marine, Inc. v. Bay & Ocean Equip. Co., 1980617, 1980867, SUPREME COURT OF ALABAMA, January 7, 2000, Released
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Overview: The trial court's orders exceeding the scope of injunctive relief and deciding issues subject to arbitration were reversed since the Federal Arbitration Act mandated that the parties' dispute involving interstate commerce be submitted to arbitration.

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JWM, Inc. v. Raines, 2980636, COURT OF CIVIL APPEALS OF ALABAMA, January 7, 2000, Released
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Overview: The court affirmed workers' compensation benefits, because appellee's work gathering trees in a nursery was work in the forestry industry, not farm labor exempt from workers' compensation coverage.

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Keff v. Keff, 2981413, COURT OF CIVIL APPEALS OF ALABAMA, January 7, 2000, Released
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Overview: Restricted stock options were marital assets subject to division between appellant and appellee even though appellant could have lost the rights to the options if his employment was terminated or he voluntarily left the company.

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Murphy v. Murphy, 2981228, COURT OF CIVIL APPEALS OF ALABAMA, January 7, 2000, Released
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Overview: Under statute governing ownership of joint bank accounts, appellant was entitled to all of joint account with right of survivorship and one-half of joint account without right of survivorship she held with deceased.

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Ponds v. Ponds, 2981129, COURT OF CIVIL APPEALS OF ALABAMA, January 7, 2000, Released
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Overview: Trial court made no determination as to property appellees were to receive after appellant stepmother's homestead interest was set aside, so there was no final declaration of parties' rights that was subject to appellate jurisdiction.

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