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| Crown Castle USA, Inc. v. Howell Eng'g & Surveying, Inc., 2040076, 2031147,
COURT OF CIVIL APPEALS OF ALABAMA, January 20, 2006, Released
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Overview: Exception to Ala. Code § 8-1-1 voidness of contracts in restraint of trade for noncompete agreements between employer and employee did not validate no-solicitation, no-hire provision in agreement between employers where there was no underlying employer-employee agreement.
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| Ex parte Harper, 1041252,
SUPREME COURT OF ALABAMA, January 20, 2006, Decided
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Overview: While mandamus action was not filed within time period set forth for taking appeal, as provided by Ala. R. App. P. 21(a), litigant provided good cause for delay, in that the order at issue was ambiguous as to whether circuit court was granting motion to dismiss or motion for change of venue, and petition was filed day after the order was clarified.
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| Kelly v. Panther Creek Plantation, LLC, 1041566,
SUPREME COURT OF ALABAMA, January 20, 2006, Released
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Overview: Trial court granted summary judgment to appellees, finding that they had an easement by necessity over appellants' property because appellees' property was landlocked and the easement had been created from past use; conclusory and speculative allegations that there were other means of access were insufficient to meet appellants' opposition burden.
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| Lamb v. Lamb, 2040487,
COURT OF CIVIL APPEALS OF ALABAMA, January 20, 2006, Released
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Overview: As trial court did not believe that former husband's alleged abuse of former wife rose to level of abuse necessary to invoke Alabama Custody and Domestic or Family Abuse Act, Ala. Code § 30-3-130 et seq., and there was evidence that he, unlike wife, was employed and attended to child's education and hygiene, award of custody to him was affirmed.
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| Smith v. Mark Dodge, Inc., 1040975,
SUPREME COURT OF ALABAMA, January 20, 2006, Released
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Overview: Vehicle's manufacturer had standing to seek to enforce an arbitration agreement signed by dealership, which sold the car at issue, and purchaser because manufacturer's contention that it was an entity affiliated with the dealership was uncontradicted, and the agreement provided that it inured to the benefit of the dealership's affiliated entities.
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