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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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| Ryans v. State ex rel. Stoudmire, 2050938,
COURT OF CIVIL APPEALS OF ALABAMA, February 9, 2007, Released
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Overview: Because a father's appeal from a juvenile court decision was filed more than 14 days after its judgment, and because his appeal of the circuit court's decision was filed more than 142 days after the dismissal of his appeal from the juvenile court, the appeals were dismissed as untimely under Ala. R. Juv. P. 28(C) and Ala. R. App. P. 4(a)(1)(E).
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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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| Tyler v. Williams, 1051435,
SUPREME COURT OF ALABAMA, February 9, 2007, Released
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Overview: Arbitration clause on reverse side of a money transfer contract were binding under circumstances in which the terms and conditions on the reverse side of the document were referred to on the front of a customer's copy, and her attention was directed to those terms. Customer's claim alleging failure to transfer money was subject to arbitration.
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| W.C.R. v. D.A.L., 2050782,
COURT OF CIVIL APPEALS OF ALABAMA, February 9, 2007, Released
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Overview: Child's biological father had standing to bring dependency petition against adoptive parents so long as he had knowledge of facts underlying allegations of dependency. Biological father's petition invoked the dependency jurisdiction of the juvenile court pursuant to Ala. Code § 12-15-52(a), and summary judgment for adoptive parents was error.
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