Alabama, January, 2009, State Case law

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State Courts - Alabama - January 9, 2009

A.M.B. v. J.M.S., 2070783, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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Ala. State Bar v. McBrayer, 1070661, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: Board erred in concluding that panel should have suspended hearing and placed bar member on disability inactive status pursuant to Ala. R. Disc. P. 27(c); although member suffered from hearing loss, severe diabetes, neuropathy, and needed assistance of counsel, member never asked for continuance based on medical condition, and he defended himself.

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Alfa Mut. Ins. Co. v. Bone, 1061808, 1061834, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: An insurer's appeal of an order granting victims summary judgment in its complaint seeking a declaration of its liabilities under a homeowner's policy was dismissed because the judgment was not final. The trial court entered summary judgment on three of the four coverage issues and found that a material question of fact existed as to the fourth.

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Be-Jeweled, L.L.C. v. AIG Baker Orange Beach Wharf, L.L.C., 1071345, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: Owner was entitled to mandamus relief, directing transfer of case back to venue where it was initially filed because the basis of the transfer order--the doctrine of forum non conveniens, Ala. Code ? 6-3-21.1--did not apply; the first county was an improper venue and the owner did not have to object to the transfer motion in responsive pleading.

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Championcomm.net of Tuscaloosa, Inc. v. Morton, 1070488, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: Payday lenders' appeal of an arbitration award was dismissed because there was no final judgment. The decision of the arbitrator did not provide a basis for appeal, and there was no indication in the record that the circuit court clerk entered the award as the judgment of the circuit court pursuant to Ala. Code ? 6-6-15.

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Crutcher v. Williams, 1050893, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: A trial court erred when it denied a doctor's motion for judgment as a matter of law under Ala. Code ? 12-21-12 in a patient's medical-negligence action under the Alabama Medical Liability Act, Ala. Code ?? 6-5-480 et seq. and 6-5-541 et seq., as there was insufficient evidence that the doctor's conduct proximately caused her compensable injury.

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Ex parte C.J.A., 2070994, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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Overview: Because a paternal grandmother's petition for a writ of mandamus was untimely under Ala. R. App. P. 21(a)(3), Ala. R. App. P. 4(a)(1)(E), Ala. R. Juv. P. 28(C), and because she did not present a statement of good cause for her delay in filing the petition, the paternal grandmother was not entitled to mandamus relief.

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Ex parte Russell, 2070765, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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Overview: A property owner's claims for reimbursement of allegedly overpaid ad valorem taxes or an attorney fee were barred by the doctrine of sovereign immunity under Ala. Const. art. 1, ? 14 and further, they were not properly asserted where there was no compliance with the Alabama Taxpayers' Bill of Rights, Ala. Code ? 40-2A-1 et seq.

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Hereford v. D.R. Horton, Inc., 1070396, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: Judgment confirming an arbitrator's award was upheld because manifest disregard of the law was not a proper ground under the Federal Arbitration Act, 9 U.S.C.S. ? 10(a), for vacating, modifying, or correcting an arbitrator's decision.

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Lackey v. Lackey, 2070603, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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