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   State Courts - Alabama - January 14, 2005

  
Adcock v. Adams Homes, LLC, 1030813, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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Overview: A trial court erred in compelling binding arbitration of a dispute between house purchasers and their builder and a warranty company, as the parties' warranty provided for mandatory arbitration prior to litigation, but it was not binding.

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Alfa Specialty Ins. Co. v. Jennings, 2030755, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2005, Released
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Overview: An exclusion from insurance coverage for damages resulting from criminal acts by an insured did not violate the public policy expressed in Alabama's compulsory auto insurance law.

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Baker v. Metro. Life Ins. Co., 1031803, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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Overview: Insured party did not reasonably rely upon insurance agent's statement that he would not have to pay out-of-pocket premiums after 11 years. Insured party was qualified to understand agreement, which conflicted with alleged misrepresentation.

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C.M. v. B.S.L., 2030938, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2005, Decided
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Overview: Where a record showed that a trial court did not believe a mother established the existence of an amount she claimed in child support arrearage, and where the evidence supported the amount of arrearage awarded, the court affirmed the judgment.

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Ex parte Blue Cross Blue Shield, 1040083, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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Ex parte McGriff, 1010469, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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Overview: The application for rehearing did not, to paraphrase Ala. R. App. P. 40(b), reveal any points of law or any facts that the court had overlooked or misapprehended, so the state was not entitled to reconsideration of the court's ruling on a jury charge on heat of passion.

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Fox Alarm Co. v. Wadsworth, 1020994, 1021031, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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Overview: Highest court limited alarm service's liability to $ 250 contract limitation for what jury found was a $ 200,000 loss to the customer for the service's failure to inform police of repeated alarms since such contractual limitations were enforceable.

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In re Bentley v. State, 1031746, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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J.W.J. v. P.K.R., 2030304, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2005, Released
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Overview: A juvenile court lacked jurisdiction to award visitation to the maternal grandparents of a minor child of unwed parents because the child never was before the juvenile court for any prior proceeding, including a prior paternity action.

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Lott v. East Shore Christian Ctr., 1031694, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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Overview: Court could not interfere with fundamental church membership issue, so TRO was properly denied to prevent member's expulsion prior to church action; later expulsion prevented enforcement of discovery order allowing member to inspect church records.

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