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| Bailey v. Faulkner, 1040880,
SUPREME COURT OF ALABAMA, January 6, 2006, Released
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Overview: Judgment in favor of plaintiff against a pastor arising from alleged negligence and wanton conduct based on the pastor's involvement in an affair with plaintiff's wife while providing marriage counseling to plaintiff and his wife was reversed, as the claims were essentially amatory torts which were abolished by Ala. Code § 6-5-331 (1975).
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| Cont'l Cas. Co. v. SouthTrust Bank, N.A., 1041136,
SUPREME COURT OF ALABAMA, January 6, 2006, Released
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Overview: Trial court erred in enjoining a bank from honoring a letter of credit issued to an insurer, as the sight draft offered by the insurer to draw on the letter of credit was proper, as the insurer was clearly the beneficiary, and was not required to include its address in the sight draft, so the draft complied with Ala. Code § 7-5-108.
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| Johnston-Tombigbee Furniture Mfg. Co. v. Berry, 2030045,
COURT OF CIVIL APPEALS OF ALABAMA, January 6, 2006, Released
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Overview: Since claims against a former 50 percent owner of a company that had bought land and placed it in the name of the former owner were barred by the statute of limitations under Ala. Code § 6-2-38(l), the court affirmed summary judgment in favor of the former owner, even though the claims related back to the date of the original complaint.
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| Mosley v. Mosley, 2040258,
COURT OF CIVIL APPEALS OF ALABAMA, January 6, 2006, Decided
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| Sexton v. Sexton, 2040910,
COURT OF CIVIL APPEALS OF ALABAMA, January 6, 2006, Released
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Overview: Where the husband proved he had inability to pay periodic alimony, burden shifted to the wife to prove beyond a reasonable doubt ability to pay; wife's failure to present any evidence failed to meet burden and the trial court improperly ordered husband incarcerated until arrearage was paid; husband also showed circumstances justifying modification.
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| Ex parte Whiteside, 1050339,
SUPREME COURT OF ALABAMA, January 10, 2006, Released
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