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   State Courts - Alabama - March 15, 2002
  
Horton v. DeVan, 2000840, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Where testimony indicated that son did not inflict physical injury upon mother, threaten her, use abusive language, or made abusive gesture toward her, brother could not have been found to have committed criminal coercion, assault or harassment.

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Lyons v. Norris, 1961601 and 1961642, 1961602, 1961603, 1961604, SUPREME COURT OF ALABAMA, March 15, 2002, Released
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Overview: In a consolidated case of several attorneys who represented indigent criminal defendants, state comptroller properly denied attorneys' claims for office-overhead expenses because claims had not been approved in advance, as required by statute.

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Nat'l Ins. Ass'n v. Sockwell, 1001627, SUPREME COURT OF ALABAMA, March 15, 2002, Released
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Overview: Compensatory damages of $ 201,000 and $ 600,000 in punitive damages were awarded for bad faith denial of uninsured motorist benefits. Both "normal" and "abnormal" bad faith was found; five of seven Hammond/Green Oil factors were present.

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Pankey v. Pankey, 2000186, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Neither awarding primary physical custody of minor child to mother despite her adulterous conduct, nor making father wholly responsible for credit card debt, was error, as conduct did not affect child and father had greater ability to pay the debt.

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Smith v. Evans, 2001241, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Purchaser should have discovered alleged fraud regarding boundary line location of property he purchased from sellers within two years of date he received deed, and, thus, his claim filed nine years after that date was time barred.

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State Dep't of Human Res. v. Campbell, 2010095, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Steadman v. Uptown Motors, Inc., 2001168, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Ruling that joint tenancy property could not be equitably partitioned was error, as evidence only showed partitioning it to award individual joint tenant his proportionate part would be economically inefficient, not that it could not be done.

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United Def., L.P. v. Willingham, 2000787, COURT OF CIVIL APPEALS OF ALABAMA, March 15, 2002, Released
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Overview: Trial court erred by awarding employee permanent total disability benefits where she failed to prove her carpal tunnel syndrome and fibromyalgia were work-related by clear and convincing evidence.

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