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| B.V. v. Macon County Dep't of Human Res., 2070785,
COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2009, Released
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Overview: Juvenile court lacked jurisdiction to consider a petition by foster parents because the foster parents failed to successfully intervene in a case pursuant to Ala. R. Civ. P. 24, and, therefore, they were not parties in the case. Furthermore, the foster parents' appeal was dismissed because they lacking standing to appeal from the judgment.
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| Barnette v. Robertson, 2070689,
COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2009, Released
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Overview: Judgment for the buyer of a home in a breach of contract action was reversed in part because the buyer failed to prove the condition precedents for his cause of action regarding an air-conditioning system that the system had been hooked up by a licensed electrician or air-conditioning contractor within 30 days of the buyer's purchase of the home.
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| C.E.W. v. P.J.G., 2070934,
COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2009, Released
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Overview: In termination of parental rights case, great-aunt did not meet her burden to show that child was dependent and that there was no viable alternative to termination of father's parental rights under Ala. Code § 26-18-7 since there was no evidence upon which alternatives to termination of father's parental rights could be evaluated.
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| Clemons v. State, 2070653,
COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2009, Released
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Overview: Inmate's appeal was dismissed because, when the inmate's Ala. R. Crim. P. 29 motion was denied by the trial court, the inmate did not seek review by an appellate court until 44 days later, when he petitioned for a writ of mandamus so that his appeal was untimely filed as it was not filed within 42 days of the trial court's orders.
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| Colburn v. Colburn, 2070743,
COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2009, Released
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Overview: In a divorce action, a mother's appeal was dismissed as an April 7, 2008 order purporting to award joint custody of the parties' minor children was void as trial court lost jurisdiction over the case after the father's motion to vacate an October 2, 2006 judgment was denied by operation of law on January 3, 2007 pursuant to Ala. R. Civ. P. 59.1.
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| Ex parte Citizens Prop. Ins. Corp., 1070663,
SUPREME COURT OF ALABAMA, January 30, 2009, Released
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Overview: Because an insurer only sold casualty insurance on Florida real property through Florida-based agents, and because its only contact with Alabama was forwarding notices from its Florida office to an insured's address in Alabama, its contacts with Alabama were insufficient to establish personal jurisdiction under Ala. R. Civ. P. 4.2(b).
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| Ex parte Morgan, 1061470,
SUPREME COURT OF ALABAMA, January 30, 2009, Released
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Overview: UM/UIM insurer was not deemed to have waived its right to consent to or object to insureds' settlement with underinsured motorist because letter notifying insurer of settlement was sent only 10 days before settlement was consummated and did not request response by a specific date, and insureds failed to follow up when they received no response.
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| George v. George, 2070224,
COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2009, Released
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Overview: Judgment was reversed as property division was inequitable as martial home was awarded equally to both parties, but wife was awarded sole possessory interest in home and sole liquid asset. Husband would have less income for four years after payments than wife, and unlike wife, would have to pay for housing.
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| Judge v. Judge, 2070482,
COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2009, Released
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Overview: Circuit court's finding that a house was the sole property of the decedent's son and was not property of the decedent's estate was reversed and remanded because the circuit court erred in determining that the son acquired a fee-simple ownership interest in the house based upon the provisions of a judgment divorcing the decedent and his first wife.
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| Medlock v. Safeway Ins. Co., 1071303,
SUPREME COURT OF ALABAMA, January 30, 2009, Released
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Overview: A decedent's estate and a vehicle passenger should have been allowed to intervene under Ala. R. Civ. P. 24(a)(2) in a declaratory judgment action involving payment by the vehicle insurer of underinsured motorist benefits, as they filed the request in a timely manner, had an interest in the property, and no prejudice would inure to the insurer.
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