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State Courts -
Alabama - February 9, 2007
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R.P. v. State ex rel. M.G.R., 2050969,
COURT OF CIVIL APPEALS OF ALABAMA, February 9, 2007, Released
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Overview: Prior denial of a motion for genetic testing did not bar a later petition to reopen a paternity judgment, under Ala. Code ? 26-17A-1, under res judicata, because there was no prior adjudication of the merits, as the prior denial could not decide if scientific testing justified setting aside the paternity judgment, as no such evidence was presented.
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Sherrer v. Embry, 1051734,
SUPREME COURT OF ALABAMA, February 9, 2007, Released
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Overview: Medical doctor, who did not attend dental school, was not trained in dentistry, was not licensed to practice dentistry, and who had never practiced dentistry, was not qualified under Ala. Code ? 6-5-548(b) to offer expert testimony against a dentist in a malpractice case brought against the dentist. Summary judgment for dentist was proper.
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