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| Blankenship v. Blankenship, 2050547,
COURT OF CIVIL APPEALS OF ALABAMA, February 23, 2007, Released
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Overview: Trial court's order awarding a father primary physical custody of the parties' child in a divorce proceeding was not a final, appealable judgment under circumstances in which the trial court had neither divided the parties' marital property and debt nor certified the partial default judgment as a final judgment pursuant to Ala. R. Civ. P. 54(b).
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| Ex parte Brown, 1051762,
SUPREME COURT OF ALABAMA, February 23, 2007, Released
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Overview: Appellate court erred in finding trial court exceeded discretion in amending divorce order to give father custody and order mother to pay support as materials in case clearly established trial court, when it issued amended order under Ala. R. Civ. P. 60(a), was correcting a scrivener's error in its original order, making the record speak the truth.
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| Ex parte Tuscaloosa County Special Tax Bd., 1060226,
SUPREME COURT OF ALABAMA, February 23, 2007, Released
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Overview: Tuscaloosa County Special Tax Board was not entitled to a writ of mandamus to direct the Fayette Circuit Court to dismiss claims against it by a company based on the payment of a use tax as Local Act No. 56, 1953 Ala. Acts 56, § 10 did not apply as the company was not contesting the assessment but to which county the use tax should be paid.
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| Fagan v. State, CR-06-0209,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 23, 2007, Decided
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| Hunt v. Atrex, Inc., 2050824,
COURT OF CIVIL APPEALS OF ALABAMA, February 23, 2007, Released
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Overview: Corporation, in support of its Ala. R. Civ. P. 56 summary-judgment motion, offered a contract which was inapplicable to the home where plaintiff fell. Corporation did not present evidence that negated any of essential elements of plaintiff's negligence claim. Trial court erred in entering summary judgment for corporation on plaintiff's claim.
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| J.W. v. C.H., 2050687,
COURT OF CIVIL APPEALS OF ALABAMA, February 23, 2007, Released
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Overview: Juvenile court erred in adjudicating paternity in favor of the second sexual partner, as the first sexual partner established that he received the minor child into his home or otherwise openly held her out as his natural child; as a result, the second sexual partner was the "presumed father" of the minor child under Ala. Code § 26-17-5(a)(4).
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| Kelly v. Kelly, 2050282,
COURT OF CIVIL APPEALS OF ALABAMA, February 23, 2007, Released
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Overview: Even if father's disputed travel reimbursements were not considered in calculation of his income, the parties' combined gross monthly income exceeded $ 10,000. Trial court's award of $ 2,100 per month in child support was well within its discretion. The father did not claim that he was financially unable to pay the increased child support.
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| Olson v. State, 2060066,
COURT OF CIVIL APPEALS OF ALABAMA, February 23, 2007, Released
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Overview: Unsigned and uninitialed entries made on a trial court's case-action summary failed to comply with former Ala. R. Civ. P. 58(b), and were all nullities. The entries were not final, appealable judgments, and the appellate court had no jurisdiction to consider an appeal from those entries.
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| State v. Isbell, 2060079,
COURT OF CIVIL APPEALS OF ALABAMA, February 23, 2007, Released
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Overview: State's petition seeking writ of mandamus ordering circuit court judge to vacate discovery order entered in pending criminal action charging defendant with DUI was transferred back to Court of Criminal Appeals because it was not an issue for adjudication in a declaratory-judgment action but rather one that fell in jurisdiction of criminal court.
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