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   State Courts - Alabama - February 7, 2003

  
Duke v. Duke, 2010889, COURT OF CIVIL APPEALS OF ALABAMA, February 7, 2003, Released
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Overview: Father seeking modification of his child support obligation imposed due to his agreement to pay an amount greater than required by child support guidelines did not show change in the circumstances resulting in the initial rebuttal of the guidelines.

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Eskridge v. Allstate Ins. Co., 1011176, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Overview: Employee's motion for leave to amend complaint to add allegations of continuation of wrongdoing alleged in original complaint was properly denied where appellate court had instructed trial court to enter judgment for employer.

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Ex parte Bergob, 1012329, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Ex parte Brooks, CR-02-0692, COURT OF CRIMINAL APPEALS OF ALABAMA, February 7, 2003, Released
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Overview: Where the judge who was to proceed at petitioner's capital murder trial was the same judge that signed the search warrant pursuant to which the evidence against petitioner was obtained, this was not sufficient to warrant recusal of the trial judge.

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Ex parte Connors, 1011608, 1012111, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Overview: Motion to enjoin the removal of a political candidate's name from a primary election ballot was dismissed because the results of the primary election ballot, which the candidate lost, rendered the action moot.

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Ex parte D.S.M., 1012220, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Ex parte Gen. Nutrition Corp., 1011760, 1011861, and 1011882, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Overview: Trial court properly denied petitioners' motion to dismiss a wrongful death action on the basis of forum non conveniens; the inconvenience to petitioners' witnesses in litigating in Alabama was not so great that the action had to be dismissed.

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Ex parte Marlowe, 1012174, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Overview: The State produced sufficient evidence indicating a victim suffered a serious physical injury where the 75-year-old victim was hit in the head, robbed, and rendered unconscious, suffering a cut to the head requiring metal staples.

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Ex parte McNish, 1991233, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Overview: Alabama Court of Criminal Appeals erred in holding that defendant did not preserve her challenge to the State's evidence and erred in not addressing the merits of defendant's claim that the evidence against her was legally insufficient.

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Ex parte Rymer, 1010936, SUPREME COURT OF ALABAMA, February 7, 2003, Released
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Overview: A writ of mandamus was issued to a trial court, which abused its discretion in denying petitioners' motion to dismiss for improper venue, as attorney failed to demonstrate that enforcement of forum-selection clause was unfair or unreasonable.

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