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| Boykin v. Law, 1041058,
SUPREME COURT OF ALABAMA, February 10, 2006, Released
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Overview: Where son's interest in an annuity was right to monthly payments, where he had no right to proceeds payable after his death, and where restitution order was only against son, son's creditor, standing in son's shoes, had no right to payments due after his death, and trial court had no authority to award creditor commuted value of the annuity.
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| Ex parte Atchley, 1041364,
SUPREME COURT OF ALABAMA, February 10, 2006, Released
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Overview: Client's petition for a writ of mandamus was denied as he failed to demonstrate that his case was improperly assigned under Ala. R. Jud. Admin. 13(A) or that, if properly assigned, the assigned judge was disqualified from presiding over it. Further, he failed to show that the judge could not preside over his case impartially.
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| Ex parte Bufkin, 1041890,
SUPREME COURT OF ALABAMA, February 10, 2006, Released
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Overview: Driver, who allegedly caused an injured party's injuries due to his negligence, was not entitled to a writ of mandamus requiring his dismissal from a suit filed against him, as the injured party was allowed limited discovery on the issue of whether the court had personal jurisdiction over the driver.
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| Ex parte United Ins. Cos., 1041704, 1041705, 1041888, 1041889,
SUPREME COURT OF ALABAMA, February 10, 2006, Released
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Overview: Insurers' marketers were not entitled to a writ of mandamus directing their dismissal from a suit on personal jurisdiction grounds as the insured's reliance on her civil conspiracy allegations adequately rebutted the marketers' affidavits to survive the motions to dismiss, allowing her further discovery on the issue of personal jurisdiction.
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| Smith v. First Commer. Bank of Huntsville, Inc., 2040382,
COURT OF CIVIL APPEALS OF ALABAMA, February 10, 2006, Released
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Overview: In a bank's contract suit against a debtor, when the bank paid a sum to settle a bankrupt third party's trustee's claim, the bank did not show the debtor's liability for this sum, as the bank did not apply a payment it received from the bankrupt party to a loan covered by the only guaranty by the debtor surviving the parties' nonrecourse agreement.
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| Sparks v. City of Florence, 1041036,
SUPREME COURT OF ALABAMA, February 10, 2006, Released
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Overview: Appeal from a partial summary judgment order entered in favor of an insurer was dismissed as an appeal from a nonfinal order, as it was not clear whether the insurer would be liable to the injured parties for damages less than the caps provided under Ala. Code § 11-47-190, as well as any UM/UIM benefits in excess of said caps.
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| Vick v. Sawyer, 1041654,
SUPREME COURT OF ALABAMA, February 10, 2006, Released
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Overview: Because a guardian failed to show her entitlement to reports law enforcement investigative reports, pursuant to Ala. Code § 12-21-3.1, and failed to address the merits of a summary judgment motion filed against her alleging State-agent immunity of a state official and two departmental directors, an order granting such was upheld.
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| Opinion of the Justices No. 383, No. 383,
SUPREME COURT OF ALABAMA, February 16, 2006, Opinion Issued
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| P.H. v. Madison County Dep't of Human Res., 2040483, 2040490,
COURT OF CIVIL APPEALS OF ALABAMA, February 17, 2006, Released
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Overview: Court erred by terminating parental rights, Ala. Code § 26-18-7, where a counselor testified that although she had concerns regarding a mother's ability to enforce rules, the mother had the tools to become an effective parent, and the mother's parenting deficits could be addressed by counseling and individual therapy.
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