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| Hundley v. J.F. Spann Timber, Inc., 1051421,
SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Appellate court could not conclude that decedent and widow expressly reserved right to pursue claims against other parties in tort settlement with sole proprietorship and could not reverse summary judgment because settlement agreement was not part of record and there was no affidavit or other admissible evidence describing agreement's terms.
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| J.L. v. State Dep't of Human Res., 2050681,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Termination of the father's parental rights based on voluntarily relinquishment or abandonment was affirmed where the evidence showed that, due to the father's own actions, the father was incarcerated for almost four years, the father failed to pay child support upon the father's release from prison, and the father made no effort to contact child.
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| L.R.M. v. D.M., 2050092, 2050093,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Award of custody to mother was upheld, as mother did not voluntarily relinquish rights or abandon child, fact confirmed by, inter alia, great-grandparents' actions in returning child to mother after visitation. Juvenile court erred in awarding great-grandparents visitation under Ala. Code § 30-3-4.1, which only provided for grandparent visitation.
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| Lumpkin v. City of Gulf Shores, 2050634,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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| Martin v. Martin, 2031037,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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| Phillips v. City of Citronelle, 2050610,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Because considerations of public safety, among other things, were significant reasons for a city council's decision to deny an owner's Ala. Code § 28-3A-11 application for a liquor license, it was not error for the circuit court to conclude that arbitrariness was not present in the council's decision.
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| Ray v. State, CR-05-0912,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: As defendant did not open the door to questioning about his prior juvenile adjudication (PJA), evidence of that PJA was not admissible pursuant to Ala. Code § 12-15-72, and it was not admissible under Ala. R. Evid. 404(b) to show defendant's motive; due to repeated references to the PJA, the admission was not harmless under Ala. R. App. P. 45.
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| Rester v. McWane, Inc., 1050787,
SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Because the state-law claims that an employee filed in a state court were distinct from the state-law claim that he asserted in a federal court, 28 U.S.C.S. § 1367 did not toll the statute of limitations for the claims that were not asserted in the federal action; thus, the state-law action was properly dismissed under Ala. R. Civ. P. 12(b)(6).
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| Sankey v. Sankey, 2050001,
COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Custody modification, awarding father physical custody, was upheld as, inter alia, mother presented no evidence about quality of schools in Texas, as compared to schools in Georgia or Alabama, or evidence about relationship children had with mother's husband, while father had close relationship with children and encouraged relationship with mother.
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