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   State Courts - Alabama - January 12, 2007

  
Shoney's, Inc. v. Rigsby, 2041069, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Decided
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Overview: Judgment awarding workers' compensation claimant benefits for permanent and total disability was reversed as pain from claimant's carpal tunnel syndrome did not extend to other parts of her body, or interfere with their efficiency. Injury should have been treated as scheduled injury under Ala. Code § 25-5-57(a)(3).

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Squires v. City of Saraland, 2030874, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Because the trial court could properly have concluded that public outcry against the owners' day-care business, not an intentionally practiced pattern of discrimination by a city, was responsible for the city's decision to strictly enforce its zoning ordinance, the judgment in favor of the city was affirmed.

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State Farm Mut. Auto. Ins. Co. v. Mason, 2050488, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: As an insured was not legally entitled to recover UM insurance benefits, as that phrase was used in Ala. Code § 32-7-23(a), on a claim that was time-barred under Ala. Code § 6-2-38(l), the statute of limitations applicable to the claim, the insurer's Ala. R. Civ. P. 50 motion for judgment as a matter of law on the issue should have been granted.

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Stulce v. Stulce, 2050751, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Decided
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Overview: Because a father's custody action was filed in Alabama before the child had been in Virginia for six months, Virginia had jurisdiction only if Alabama court declined to exercise jurisdiction. Alabama was child's home state pursuant to Ala. Code § 30-3B-201(a)(1) when father initiated his action, and trial court properly entered custody order.

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Summerlin v. Summerlin, 1051470, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Trial court erred in certifying a summary judgment entered in favor of a widow ordering a cemetery to allow her to disinter the remains of her husband as final pursuant to Ala. R. Civ. P. 54(b) because the widow's claim and a counterclaim by the husband's father were intertwined and separate adjudication could have led to inconsistent results.

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Surtees v. Carlton Cove, Inc., 2041091, 2050063, 2050261, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Summary judgment award to nonprofit charitable organizations on their claim that their property was exempt from ad valorem taxation was reversed and remanded as there was substantial evidence that the organizations' operation of upscale residential retirement communities were not used for exclusively charitable purposes under Ala. Code § 40-9-1(1).

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Tell v. Terex Corp., 1051128, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Manufacturers failed to meet demanding burden for summary judgment under Ala. R. Civ. P. 56 on the basis of contributory negligence in a claim made by a decedent's widow under Alabama Extended Manufacturer's Liability Doctrine because they did not show by undisputed evidence that decedent consciously appreciated the danger at the moment of death.

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Thompson v. SouthTrust Bank, 2050078, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Res judicata barred an option holder's second lawsuit against bank and two employees when holder's prior action that was in favor of bank and the current action arose from a failed sale of apartments from the holder to a buyer, the same evidence supported both actions, and the employees, not sued in the first action, were in privity with the bank.

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TitleMax of Ala., Inc. v. State, 2050952, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Decided
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Univ. of South Ala. v. P.J. Lumber Co., 2050834, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Decided
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Overview: Because nothing in the Workers' Compensation Act, Ala. Code § 25-5-1 et seq., conferred on a medical provider an unconditional right to intervene, and because the provider did not demonstrate that the Act provided it a method for the relief it sought with regard to the employer, the trial court properly granted summary judgment to the employer.

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