Alabama, January, 2009, State Case law

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State Courts - Alabama - January 9, 2009

Lackey v. Lackey, 2070603, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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Overview: Ala. Code ? 30-3-169.4 of the Alabama Parent-Child Relationship Protection Act, Ala. Code ? 30-3-160 et seq., was inapplicable to the issue of relocation on an initial custody determination; factors under Ala. Code ?? 30-3-169.2 and 30-3-169.3 were properly considered and the evidence supported a wife's relocation request.

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M.B. v. S. B., 2071105, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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Overview: As there was no indication in the language of a custody modification judgment that a juvenile court had employed the McLendon standard in making its decision to transfer custody from children's maternal grandparents to their mother, the custody modification decision could not stand.

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Ryland v. Ryland, 2070146, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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Overview: As a trial court failed to place academic restrictions on a husband's obligation to pay postminority educational support for the divorcing parties' son, who was attending college, that award could not stand; an equal division of marital property and an award of periodic alimony to the wife was proper in the circumstances.

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State v. King, 1071540, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: Because it was clear that the State lacked authority under Ala. Code ?? 12-12-70(c), 12-22-91, and Ala. R. Crim. P. 15.7 to appeal from an adverse ruling in a criminal case, it was not entitled to seek mandamus review of a pretrial denial of its motion in limine; accordingly, defendant was entitled to mandamus relief.

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Stephens v. Huie, 2071144, COURT OF CIVIL APPEALS OF ALABAMA, January 9, 2009, Released
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Overview: Injured vehicle passengers who filed a personal injury action against estates of decedents who owned and operated a vehicle involved in an accident had no right to file notices of lis pendens under Ala. Code ? 35-4-131(a) against the decedents' real property, as their personal injury action sought monetary damages.

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Williamson v. Fourth Ave. Supermarket, Inc., 1070771, SUPREME COURT OF ALABAMA, January 9, 2009, Released
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Overview: Appeal was dismissed because post-judgment motions were denied by operation of law, pursuant to Ala. R. Civ. P. 59.1, on Monday, January 14, 2008. Pursuant to Ala. R. App. P. 4(a)-(b), appellant had until February 25, 2008--42 days after January 14, 2008--to timely file a notice of appeal. The February 26, 2008, notice of appeal was not timely.

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