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| Boyce v. Cassese, 1040891,
SUPREME COURT OF ALABAMA, January 13, 2006, Released
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Overview: Trial court properly granted summary judgment to home sellers' on home buyers' claims against them for fraudulent misrepresentation, fraudulent suppression, and conspiracy, as those claims were time barred under Ala. Code § 6-2-38; however, its summary judgment grant to them on the Ala. Code § 35-4-271 breach-of-warranty deed claim was improper.
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| City of Bessemer v. McClain, 1031917,
SUPREME COURT OF ALABAMA, January 13, 2006, Released
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Overview: Trial court erred in declaring various taxing ordinances adopted by the cities to be valid and in imposing a constructive trust on the taxes collected by those cities pursuant to those ordinances; ordinances did not violate 1947 Ala. Acts 414 because they did not purport to impose or collect taxes by "affixation of stamps."
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| Culver v. Lang, 2040571,
COURT OF CIVIL APPEALS OF ALABAMA, January 13, 2006, Released
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Overview: Trial court erred in dismissing, on basis of statute of limitations and Statute of Frauds, a complaint seeking declaration as to rights of parties under alleged agreement to convey property where complaint did not disclose whether agreement was oral or in writing and it did not disclose date when owners allegedly failed to abide by agreement.
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| ECO Pres. Servs., LLC v. Jefferson County Comm'n , 1040965,
SUPREME COURT OF ALABAMA, January 13, 2006, Released
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Overview: Trial court properly granted summary judgment to a county commission in a sewage-treatment company's action seeking to compel the commission to allow the company to install a sewer line within a county right-of-way, as Ala. Code § 23-1-80 did not require the commission to grant the company access to the right-of-way.
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| Ex parte ADT Sec. Servs., 1041974,
SUPREME COURT OF ALABAMA, January 13, 2006, Released
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Overview: Mandamus was granted ordering trial court to transfer venue of employment related case from Washington County, Alabama, to Mobile County, where evidence showed, inter alia, that all parties lived in Mobile County, all meetings with employee occurred in Mobile County, and corporation had no office, employees, or records in Washington County.
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| Hartford Accident & Indem. Co. v. Cochran Plastering Co., 2040647,
COURT OF CIVIL APPEALS OF ALABAMA, January 13, 2006, Released
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Overview: Trial court properly entered judgment for a subcontractor in its action to collect on a surety bond provided by an insurance company, as the subcontractor did not waive its right to seek reimbursement, and a payment made by a contractor while the suit was pending did not constitute an accord and satisfaction.
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| Progressive Specialty Ins. Co. v. Green, 1040765,
SUPREME COURT OF ALABAMA, January 13, 2006, Released
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Overview: In a spouse's action, filed in her own capacity, seeking UM benefits after her decedent husband expressly rejected the same, the insurer was erroneously denied summary judgment, as the wife was not a named insured under the policy and the policy unambiguously distinguished between the terms "named insured" from the "named insured's spouse."
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| Rentz v. Grant, 1040664,
SUPREME COURT OF ALABAMA, January 13, 2006, Released
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Overview: As an oral agreement for the sale of a house between its owner and a renter was void under the Statute of Frauds, the renter could not use the same as a defense against the owner's summary judgment motion, in the owner's eviction and breach of contract action, or rely on it to support her own claim of breach, specific performance, and wantonness.
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| Stiff v. Ala. Alcoholic Bev. Control Bd., 1041055,
SUPREME COURT OF ALABAMA, January 13, 2006, Released
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Overview: Regardless of whether a consumer was challenging only Ala. Code § 28-7-16(a), (b) or the Alabama table-wine excise-tax scheme in Ala. Code § 28-7-1 et seq., the constitutional unsoundness of the scheme had been cured; therefore, the Alabama Alcoholic Beverage Control Board, the Governor, and the Attorney General were entitled to summary judgment.
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