Alabama, February, 2007, State Case law

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State Courts - Alabama - February 16, 2007

BancTrust Co. v. Griffin, 2050914, COURT OF CIVIL APPEALS OF ALABAMA, February 16, 2007, Released
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Overview: Because a successor trustee failed to file its appeal from a postjudgment order within 42 days after entry of the order appealed from, but instead, filed a second Ala. R. Civ. P. 59 motion, pursuant to Ala. R. App. P. 4(a)(1) and (3), its appeal was dismissed.

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Ex parte HealthSouth Corp., 1051366, SUPREME COURT OF ALABAMA, February 16, 2007, Released
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Overview: Though professional corporation (PC) executed covenant not to sue subsidiary, it had standing as subsidiary's creditor to sue subsidiary and parent corporation under Ala. Code ? 8-9A-7(b) because covenant not to sue did not extinguish PC's breach-of-contract claim or subsidiary's liability as to its assets that were allegedly fraudulently conveyed.

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Ex parte Robertson, 2060225, COURT OF CIVIL APPEALS OF ALABAMA, February 16, 2007, Released
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Overview: Because an inmate failed to show that he provided the trial court with the exhibits he presented to the appellate court showing proof of service in a divorce action against his wife by publication, including the required Ala. R. Civ. P. 4.3(d)(5) affidavit, his request that a default judgment be entered against the wife, via mandamus, was denied.

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Ex parte Yocum, 1060309, SUPREME COURT OF ALABAMA, February 16, 2007, Released
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Overview: Because a businessman and three corporations, parties to an underlying breach of contract suit, failed to support their forum non conveniens claim, specifically, with evidence that volume, necessity, and inconvenience supported the motion for a change of venue, their petition for a writ of mandamus requesting the same was denied.

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Greene v. Town of Cedar Bluff , 1050814, 1051713, SUPREME COURT OF ALABAMA, February 16, 2007, Released
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Overview: After parties to suit filed stipulation of dismissal under Ala. R. Civ. P. 41(a)(1)(ii), trial court lacked authority to entertain suit; therefore, its subsequent order denying a citizen's motion to intervene in that suit was void. As a void judgment could not support an appeal, the citizen's appeal of the order denying his motion was dismissed.

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Hawkins v. Cantrell, 2050413, COURT OF CIVIL APPEALS OF ALABAMA, February 16, 2007, Released
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Overview: Despite a mother's failure to pay child support in the past, and because said failure did not waive the child's fundamental right to receive continued support, the trial court erred in denying a mother's request for child support, under Ala. R. Jud. Admin. 32, made when she later became the custodial parent.

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Jernigan v. Happoldt, 2050123, COURT OF CIVIL APPEALS OF ALABAMA, February 16, 2007, Released
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Overview: Judgment denying builder pre-judgment interest under Ala. Code ? 8-8-8 was reversed since builder's damages were capable of being made certain when contract was breached as homeowners had agreed to pay wages plus 110 percent of subcontractor charges and material expenses, and that obligation was modified only as to due date of payment.

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Jett v. Lawyers Title Ins. Corp., 2050989, COURT OF CIVIL APPEALS OF ALABAMA, February 16, 2007, Released
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Overview: Summary judgment for assignee was reversed as assignee did not seek to set aside order declaring deed securing mortgage to be null and void, deed could not support mortgage, and mortgage became unsecured debt. Debtor's unsecured debts were discharged in bankruptcy proceedings under 11 U.S.C.S. ? 524, and mortgage did not survive bankruptcy.

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