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| Akpan v. Farmers Ins. Exch., Inc., 2050420,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: When insureds had not received their policy before they filed their claim, but had received it before they were asked to submit to examinations under oath, they had not been prejudiced by the untimely delivery of the policy, and Ala. Code § 27-14-19(a) did not prevent the insurer from denying coverage for their failure to undergo the examinations.
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| Ala. Mun. & Envtl. Eng'rs, Inc. v. Slaughter Constr. Co., 2050007,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Damages award in favor of a contractor was reversed, as its sole remedy as an unsuccessful bidder under Alabama's Competitive Bid Law, Ala. Code § 41-16-20 et seq., was to seek to enjoin the execution of the public contract awarded to a competitor, pursuant to Ala. Code § 39-5-4, despite the elements of fraud alleged in its complaint.
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| B.J.G. v. F.W.J., 2050630,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Return of custody of father's young child to his mother was not in the child's best interests under Ala. Code § 12-15-71 because undisputed evidence showed that there was risk that the child's half-brother, who lived with mother, would sodomize child as he had done in past. In contrast, there was no evidence that child was at risk in father's home.
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| Baugus v. City of Florence, 1051593,
SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Because a city did not waive its motion to strike to at least three of the claims asserted by the residents adjoining a landfill, and because the trial court did not rule on the motion, the claims remained pending; therefore, pursuant to Ala. R. Civ. P. 54(b), the trial court's partial summary judgment was not a final, appealable judgment.
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| Consol. Constr. Co. v. Metal Bldg. Components, L.P., 1031498,
SUPREME COURT OF ALABAMA, January 12, 2007, Released
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| Cook v. City of Columbiana, 2050178,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: To contest director's zoning decision, owners should have sought review before the city's board of zoning adjustment; if the board had upheld the decision after a hearing, then, and only then, could the owners properly have filed an action in the trial court. The owners' failure to exhaust their administrative remedies barred suit and appeal.
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| Coosa Valley Health Care v. Johnson, 2040728,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Decided
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Overview: Because trial court's order did not specify amount of medical benefits to which employee may have been entitled to reimbursement, did not specify amount of employee's accrued temporary benefits, and did not specify amount of temporary benefits payable from date of order, the order was not a final judgment, and appeal from order was dismissed.
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| Curry v. Curry, 2050477,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Mother's second post-judgment motion did not restart the 90-day clock for granting or denying postjudgment relief which started when she filed her earlier, first post-judgment motion. Mother's failure to file notice of appeal within 42 days of 90th day after filing initial post-judgment motion rendered appeal untimely under Ala. R. App. P. 4.
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| Davis v. Sterne, Agee & Leach, Inc., 1050478,
SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: In an action alleging the wrongful disbursement of a decedent's IRA proceeds to his sons, summary judgment entered against his wife was reversed on her claims of conversion, fraudulent misrepresentation and suppression, as material fact issues existed regarding the validity of a change of beneficiary form and the disclosure duties attached thereto.
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