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   State Courts - Alabama - February 15, 2002

  
A.L. v. S.J., 2000982, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Overview: Appeals court reversed judgment and remanded case for award of custody of child to mother from paternal grandmother. Mother had not been shown by clear and convincing evidence to be unfit and grandmother's custody had been by agreement.

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Baker v. J&J Customs, Inc., 1001302, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Bank of Brewton, Inc. v. Int'l Fid. Ins. Co., 1000387, 1000855, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: In breach of contract action between bank and contractor, trial court abused its discretion in entering partial summary judgment for bank; bank's failure to timely file motion prejudiced contractor by not giving him opportunity to oppose.

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Bay Lines v. Stoughton Trailers, 1001163, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: Truck company was not third-party beneficiary to warranty between builder and manufacturer. Manufacturer did not know that truck company was purchaser of builder's products or that manufacturer intended to protect builder's future customers.

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Birmingham Hockey Club, Inc. v. Nat'l Council of Comp. Ins., Inc., 1000658, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: Supreme court vacated part of judgment and remanded hockey club's workers' compensation insurance premium rate claims to the trial court, and ordered those proceedings to be stayed for insurance department to initially determine rate claims.

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Boone v. Bill's Dollar Stores, Inc., 2000966, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Brasili v. Brasili, 2000447, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Overview: Appeals court reversed that part of divorce judgment which divided husband's retirement account since parties were not married for at least 10 years during which retirement account was being accumulated.

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Elite Bail Bonding Co. v. State, 2000957, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Overview: Court erred in upholding forfeiture of bond where bail bond company testified that it had provided court clerk with correct address, and clerk had mailed notice of forfeiture to incorrect address.

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Ex parte H.H., 1002045, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: In reversing trial court's denial of mother's motion to modify custody, the appellate court impermissibly reweighed the evidence when it found that the mother had proven that the father had physically and emotionally abused their children.

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Ex parte Harris, 1001788, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: Summary judgment was reversed as the waiver provision in the separate guaranty agreements was ambiguous; it was susceptible to more than one interpretation. Also, parol evidence was necessary to determine whether the integration rule applied.

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