Alabama, January, 2003, State Case law

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State Courts - Alabama - January 10, 2003

Aaron v. Mansell, 2010942, COURT OF CIVIL APPEALS OF ALABAMA, January 10, 2003, Released
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Overview: Where an inmate provided no affidavit or other notarized statement setting forth the date that a notice of appeal was deposited in an institution's mail system, the appeal was untimely.

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Beck v. Beck, 2010402, COURT OF CIVIL APPEALS OF ALABAMA, January 10, 2003, Released
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Overview: Where grandparents attempted to intervene as parties in a custody action where no proceeding regarding custody was before the court, the trial court lacked the authority to consider the grandparents' request for visitation.

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Daimlerchrysler Motors Corp. v. Susan Schein Chrysler, Plymouth, Dodge, 1011496, 1011497, SUPREME COURT OF ALABAMA, January 10, 2003, Released
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Overview: Because a franchisor withdrew its letter of intent and removed the controversy, the only injury to a dealer was a future injury that never materialized; thus, the trial court erred in awarding attorney fees to the dealer.

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Ex parte Pettibone, 1011802, SUPREME COURT OF ALABAMA, January 10, 2003, Released
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Overview: Where defendant was entitled to a mistrial based upon a prosecutor's references to defendant's prior conviction in a previous trial for the same offense, new counsel had to be appointed to argue defendant's appeal.

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Ex parte Spriggs Enters., 2011279, COURT OF CIVIL APPEALS OF ALABAMA, January 10, 2003, Released
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Overview: Motion for relief from judgment based on misrepresentation of opposing counsel needed to be filed within four months. A party was not allowed to seek relief under "catch-all" relief from judgment rule where relief was available under other rule.

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Fort Morgan Civic Ass'n v. Baldwin County Comm'n, 2010659, COURT OF CIVIL APPEALS OF ALABAMA, January 10, 2003, Released
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Overview: In approving a development on the basis that developer's parcels were "contiguous" within meaning of zoning ordinance due to easement that linked the parcels, county commission applied its own zoning regulations in an arbitrary and capricious manner.

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Jones v. Ala. State Tenure Comm'n, 2010726, COURT OF CIVIL APPEALS OF ALABAMA, January 10, 2003, Released
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Overview: An isolated incident of a conflict between appellant and another guidance counselor, who since retired, and appellant's purchase of beer when off-duty (which did not violate her school's rules) were insufficient to justify appellant's transfer.

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McDonald v. H & S Homes, L.L.C., 1011805, SUPREME COURT OF ALABAMA, January 10, 2003, Released
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Overview: Trial court's order setting aside the selection of an arbitrator was reversed, where the parties provided a method for appointing an arbitrator, and the order directed the parties to make their selection in contravention with said agreement.

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Mitchell v. Folmar & Assocs., 1011572, SUPREME COURT OF ALABAMA, January 10, 2003, Released
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Overview: Judgment against an administrator for malicious prosecution was upheld, as he repeatedly testified he knew his claims were unfounded, so they were voluntarily dismissed, and the jury could reasonably find he acted with malice.

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R.O.M. v. B.B., 2010632, COURT OF CIVIL APPEALS OF ALABAMA, January 10, 2003, Released
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Overview: Given conflicting evidence and the fact that the juvenile court did not make any written fact findings about a father's fitness, the father did not relinquish his rights and the court abused discretion by awarding custody of a child to a grandmother.

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