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   State Courts - Alabama - December 17, 1999

  
Ex parte Nichols, 1981182, SUPREME COURT OF ALABAMA, December 17, 1999, Released
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Overview: Defendants failed to meet their burden of proving that a transferee forum was significantly more convenient than the plaintiff's choice of forum.

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GMC v. Plantation Pontiac-Cadillac, Buick, GMC Truck, Inc., 2981073, COURT OF CIVIL APPEALS OF ALABAMA, December 17, 1999, Released
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Overview: Default judgment was void; service of process by mail to bank lock box used to receive payments remitted to defendant was invalid because bank was not defendant's usual place of business, nor was bank an agent of defendant.

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Howell Lumber Co. v. City of Tuscaloosa, 2960532, COURT OF CIVIL APPEALS OF ALABAMA, December 17, 1999, Released
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Knight v. Hired Hand Green, Inc., 2980697, COURT OF CIVIL APPEALS OF ALABAMA, December 17, 1999, Released
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Overview: Judgment for balance of purchase price, interest, tax and fees affirmed because trial court could conclude from disputed evidence that greenhouse was completed, defendant operated from it and owed balance.

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Lewis v. Mobil Oil Corp., 1981330, SUPREME COURT OF ALABAMA, December 17, 1999, Released
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Overview: Summary judgment was properly granted against plaintiffs, because defendant supported its motion with sworn testimony, and in response plaintiffs failed to present substantial evidence supporting their position.

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Machen v. Childersburg Bancorporation, Inc., 1980519, SUPREME COURT OF ALABAMA, December 17, 1999, Released
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Overview: Genuine issues of material fact existed as to bank defendants' disciplinary action, investigation, and sexual harassment policies and plaintiff former employee presented substantial evidence to sustain claim for wantonness.

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Mitchell v. Richmond, 1980998, SUPREME COURT OF ALABAMA, December 17, 1999, Released
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Overview: Plaintiff's action against defendant for architectural malpractice was barred by the statute of limitations and was not revived by the passage of a law enacting a new statute of limitations and statute of repose.

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Moore v. Adams, 1981156, SUPREME COURT OF ALABAMA, December 17, 1999, Released
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Overview: Plaintiff failed to provide substantial evidence showing that police officers engaged in malicious and willful conduct during their execution of a search warrant in her home.

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Pemco Aeroplex, Inc. v. Moore, 2981042, COURT OF CIVIL APPEALS OF ALABAMA, December 17, 1999, Released
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Overview: Permanent partial disability order affirmed; workers' compensation claimant rebutted the presumption of no loss of earning capacity upon his return to work at same rate of pay, so evidence of vocational disability was proper.

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Southern Energy Homes, Inc. v. Harcus, 1972245, SUPREME COURT OF ALABAMA, December 17, 1999, Released
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Overview: Court remanded action where evidence in trial record was insufficient and genuine issues of material fact remained as to whether plaintiffs agreed to arbitration by way of arbitration agreement contained in written warranty.

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