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   State Courts - Alabama - February 6, 2004
  
Ex parte Davis, 1030391, SUPREME COURT OF ALABAMA, February 6, 2004, Released
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Ex parte Dierking, 1030469, SUPREME COURT OF ALABAMA, February 6, 2004, Released
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Ex parte Lee, 1021971, SUPREME COURT OF ALABAMA *Note from the reporter of decisions: The Court of Criminal Appeals spelled this Defendant's name "Jeffrey.", February 6, 2004, Released
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Fort James Operating Co. v. Kirklewski, 2020433, COURT OF CIVIL APPEALS OF ALABAMA, February 6, 2004, Released
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Overview: Trial court properly awarded PTD benefits as a result of an employee's work-related injury to her back and properly denied apportionment, but the employer was entitled to setoff due to disability-retirement payments paid to the employee.

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In re Estate of Hudson, 2021057, COURT OF CIVIL APPEALS OF ALABAMA, February 6, 2004, Released
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Overview: Judgment upholding an order requiring an estate to pay remaining mortgage debt on estate property, after a buyer bought the property unaware of the debt, was affirmed; the buyer's motion was timely filed and buyer was not barred by res judicata.

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Jones v. Kennedy, 1021265, SUPREME COURT OF ALABAMA, February 6, 2004, Released
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Overview: It was error to grant summary judgment against an employee in her appeal from a termination under the Fair Dismissal Act because her hearing was not held within the mandated 60-day time period and the delay was not attributable to the employee.

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Mobile Airport Auth. v. HealthSTRATEGIES, Inc., 1020376, SUPREME COURT OF ALABAMA, February 6, 2004, Released
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Overview: Trial court properly found an oral insurance contract where insurer accepted premiums for over a year despite insured's failure to provide requested document. Insured could not argue there was no contract based on its failure to provide document.

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Murphy v. Benvenuto, 2011257, COURT OF CIVIL APPEALS OF ALABAMA, February 6, 2004, Released
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Niezer v. SouthTrust Bank, 2021004, COURT OF CIVIL APPEALS OF ALABAMA, February 6, 2004, Released
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Overview: Where a beneficiary improperly took an interlocutory appeal from a final judgment, any subsequent notice of appeal filed outside the prescribed period was therefore untimely, warranting dismissal of the same.

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R.K.J. v. J.D.J., 2020832, COURT OF CIVIL APPEALS OF ALABAMA, February 6, 2004, Released
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Overview: Although a mother accused a father of abusing her, a trial court did not err in awarding the father custody of the children. There was testimony that the father acted in self-defense and that the mother was emotionally unstable.

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