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| Ash v. State, 1991018,
SUPREME COURT OF ALABAMA, February 8, 2002, Released
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Overview: A court did not lose jurisdiction when a jury instruction, which permitted a conviction on proof of one robbery, amended a single count indictment that conjunctively charged robbery of both victims because the material allegations were not altered.
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| D.C. v. J.C., 2000946, 2000950,
COURT OF CIVIL APPEALS OF ALABAMA, February 8, 2002, Released
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Overview: Court erred by terminating parents parental rights where record showed that they were both employed, they both had stable homes, and the alternative of leaving the child in custody of grandparents, with parents having visitation, was viable.
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| D.L. v. T.A., 2001042,
COURT OF CIVIL APPEALS OF ALABAMA, February 8, 2002, Released
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Overview: Father's appeal was dismissed on jurisdictional grounds under the final judgment rule, as his notice of appeal was filed prior to a referee's recommendation being confirmed by a juvenile court judge.
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| Ex parte D.W., 1001467,
SUPREME COURT OF ALABAMA, February 8, 2002, Released
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Overview: State supreme court found statute that allowed the natural grandparents of an adoptee to petition for post-adoption visitation rights in the context of intrafamily adoptions to be constitutional.
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| Ex parte Homes of Legend, Inc., 1001193,
SUPREME COURT OF ALABAMA, February 8, 2002, Released
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Overview: Mandamus petition was denied where appellate court reasoned that if by establishing informal dispute settlement mechanism, trial court denied seller's motion to compel arbitration, then seller's proper remedy was direct appeal.
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| Ex parte Kampis, 1000099,
SUPREME COURT OF ALABAMA, February 8, 2002, Released
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Overview: Court erred in ordering arbitration pursuant to federal law, where construction company could not prove that the materials, which were bought in state, used to build plaintiff's house originated outside of the state.
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| Ex parte Learakos, 1000244,
SUPREME COURT OF ALABAMA, February 8, 2002, Released
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Overview: Buyer was not required to arbitrate his claims against a seller where the purchase agreement did not evidence a transaction substantially affecting interstate commerce; thus, the Federal Arbitration Act was not applicable to the dispute.
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| Ex parte Punturo, 1000115,
SUPREME COURT OF ALABAMA, February 8, 2002, Released
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Overview: The orders of the Alabama circuit court were void for lack of subject-matter jurisdiction because Michigan court, where father lived, had continuing jurisdiction over issues of custody, child support, and visitation.
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| Ex parte Thomas, 1002029,
SUPREME COURT OF ALABAMA, February 8, 2002, Released
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Overview: Alabama Court of Civil Appeals erred dismissing heir's appeal because the appropriate method by which to challenge the removal of administration of an estate was a motion filed in circuit court to retransfer cause to probate court.
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