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   State Courts - Alabama - January 14, 2005

  
McNatt v. McNatt, 2030638, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2005, Decided
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Overview: Former husband failed to prove that former wife was cohabitating with a member of the opposite sex, as he was required to do to terminate his periodic-alimony obligation; he produced no evidence of a permanent relationship or of any sexual activity.

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Radiation Therapy Oncology, P.C. v. Providence Hosp., 1022099, SUPREME COURT OF ALABAMA, January 14, 2005, Decided
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Overview: A hospital board's decision to allow a transfer of its oncology program to an outside office was within its power and not contrary to internal medical-staff bylaws; the board could decline to adopt a panel's finding against the transfer.

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Sheffield v. Choctaw Transp., Inc., 2030821, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2005, Released
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Overview: Where a fact issue existed as to whether an employee was wearing his seat belt at the time of an on-the-job accident, summary judgment was improper, but portions of the employee's affidavit which were not sworn to or certified were inadmissible.

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Skelton v. J&G, LLC, 2030823, COURT OF CIVIL APPEALS OF ALABAMA, January 14, 2005, Decided
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Overview: Where property owners made a timely demand for a statement of lawful charges and holder of foreclosure deed did not respond within 10 days, a trial court improperly held that the owners had to provide tender with their complaint to redeem.

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Soti v. Lowe's Home Ctrs., Inc., 1030005, SUPREME COURT OF ALABAMA, January 14, 2005, Released
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Overview: Claimant's action alleging tort of outrage because employer's workers' compensation claims manager refused to refer him to surgeon was insufficient. There was no evidence that manager denied requests for referral for improper reasons.

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