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| B.R. v. F.H., 2050531,
COURT OF CIVIL APPEALS OF ALABAMA, February 2, 2007, Released
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Overview: Because a father's untimely postjudgment motion or the entry by the circuit court purporting to rule on that motion extended the time for him to file his appeal from a judgment granting the maternal grandmother custody of his minor son, his appeal from the same was untimely, divesting the appeals court from hearing the same.
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| Hutchinson v. Miller, 2050923,
COURT OF CIVIL APPEALS OF ALABAMA, February 2, 2007, Released
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Overview: Probate court erred in dismissing plaintiff's suit to partition jointly-owned land, as it had concurrent jurisdiction with circuit court over partition actions under Ala. Code §§ 35-6-40 and 35-6-58, and defendants did not support contention that third parties had interests in property that defeated court's jurisdiction under Ala. Code § 35-6-55.
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| Lynn v. Kelley, 2050789,
COURT OF CIVIL APPEALS OF ALABAMA, February 2, 2007, Released
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Overview: Although case law would have supported determination that any possession of disputed property by a man and a woman between 1974 and 1988 was adverse vis-a-vis woman's father based upon an alleged parol gift, that period was less than the 20 years necessary to bar father from reasserting his superior title, and upon his death in 1988 his heirs.
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| Wynn v. Kovar, 2050835,
COURT OF CIVIL APPEALS OF ALABAMA, February 2, 2007, Released
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Overview: In a personal injury action, the trial court did not err in refusing to charge the jury on the issue of negligence per se based on an alleged violation of Ala. Code § 32-5A-90. The evidence did not establish or indicate that defendant drove her vehicle into the median and, therefore did not demonstrate that defendant violated § 32-5A-90.
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