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| BSI Rentals, Inc. v. Wendt, 2020648,
COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2004, Released
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Overview: As company proved elements of breach of contract, and customer failed to prove affirmative defenses, judgment for latter was error; her claim that she did not read contract, as she felt "hurried" did not meet reasonable-reliance standard for fraud.
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| Blocker v. Blocker, 2020486,
COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2004, Released
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Overview: Where the trial court found that no common-law marriage existed between the parties, no domestic relations matter existed, and thus, it lacked jurisdiction to divide the parties' accumulated property.
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| Brooks v. State, 1020344,
SUPREME COURT OF ALABAMA, January 16, 2004, Released
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Overview: Exclusive remedy for an inmate who asserted he had not received the notice of dismissal of his post-conviction petition for relief in time for an appeal was a writ of mandamus; he was not entitled to file a second post-conviction petition.
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| Drummond Co. v. Green, 2020790,
COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2004, Released
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Overview: Evidence was sufficient for court to find that worker's permanently disabling injury was contributed to by a work-related accident; worker was not required to present expert medical testimony to establish substantial evidence of medical causation.
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| Ex parte K.S.C., 2020656,
COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2004, Released
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Overview: In a custody matter, a trial court properly reversed a default judgment against a mother as required on remand, but the mother could not use mandamus to compel the trial court to award her custody of the subject children.
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| Fort James Operating Co., 2020435,
COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2004, Released
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Overview: Where week before trial, worker's third amendment to complaint sought for first time compensation for shoulder injury and revived withdrawn claim of back impairment, court erred by allowing amendment, which was not justified by claimed change in law.
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| King v. Head Start Family Hair Salons, Inc., 1021814,
SUPREME COURT OF ALABAMA, January 16, 2004, Released
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Overview: Noncompete agreement barring employee from working in hair care industry within 2 mile radius of any of employer's 30 facilities imposed an undue hardship on the employee, and court erred by entering preliminary injunction enforcing this provision.
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| McMurphy v. East Bay Clothiers, 2020456,
COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2004, Released
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Overview: In an appeal from a condemnation and disbursement of a bond to pay judgment secured against a debtor, the notice of appeal was filed well in excess of 42 days after the judgment and an untimely postjudgment motion did not extend the time for appeal.
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| Smith v. Smitherman, 2020911,
COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2004, Released
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Overview: Where a lease identified an individual's business as the responsible party for rent, and not the individual, and there was no evidence that the individual was bound by the same, he was not liable in his individual capacity for any unpaid rents.
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