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   State Courts - Alabama - January 14, 2000

  
Atlantic Southeast Airlines, Inc. v. Russello, 2980813, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: In a workers' compensation case, the judgment was reversed, because the trial court applied a reasonably satisfied standard instead of the clear and convincing evidentiary standard.

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Cahill v. Cahill, 2980495, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: The wife, who claimed that the zygotes formed for in vitro fertilization during parties' marriage were marital property, failed to produce agreement to show ownership, or to rebut a form agreement produced by the husband showing that they were not.

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First Alabama Bank v. McGowan, 2981465, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: Trial court lost jurisdiction to rule on defendant's post-judgment motion because motion was denied by operation of law when trial court failed to rule on motion within 90 days.

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Gonzalez v. Blue Cross/Blue Shield, 2981120, 2981121, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: In suits arising out of insurer's failure to cover childbirth, fraud claim summary judgment for insurer affirmed; breach of contract summary judgment and third-party complaint dismissal reversed due to coverage fact dispute.

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Hill v. Hill, 2981058, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: The materialman's lien of the tenant was unenforceable, because she filed her complaint outside the period allowed by the statute of limitations.

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Kids' Klub II, Inc. v. State Dep't of Human Resources, 2981425, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: A childcare facility had the right to intervene in a state agency's appeal of an administrative law judge's decision regarding the facility's right to child-care license, since it had an interest in appeal that was not sufficiently represented.

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Luckie v. City of Montgomery, 2971179, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Speegle v. Oswald (In re Estate of Oswald), 2981207, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: The proper standard for evaluating testamentary capacity was whether the testatrix knew the family members, the property that she wanted to bequeath, and the consequences of these decisions. The inability to manage daily affairs was irrelevant.

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State ex rel. Daw v. Daw, 2980840, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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Overview: Under child support guidelines, the father's child support payments for two minor children were reduced by deducting from his gross monthly income the amount that he paid for back child support to another child who was no longer a minor.

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University of S. Ala. v. Garrick, 2970443, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2000, Released
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