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   State Courts - Alabama - February 15, 2002

  
Ex parte J.F.C., 1002039, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: Criminal surveillance statute, which was adopted in city ordinance that was allegedly violated, required that the prosecutor prove that an apartment was occupied at the time defendant was found peering through a window to the apartment.

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Ex parte Majors, 1001965, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: A writ of mandamus was issued to vacate the order to compel arbitration. The trial court should have determined whether the documents containing the arbitration clause were valid and enforceable and not forged as the husband claimed.

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Leverett v. Leverett, 2001272, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Overview: Appellate court affirmed a trial court's judgment reducing a husband's alimony due to a substantial change of circumstances where the wife failed to ensure the record on appeal contained sufficient evidence to warrant reversal.

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Lincoln Log Home Enters. v. Autrey, 1000787, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: Court erred in failing to grant judgment as matter of law to log home kit supplier in home owner's suit against builder, as owner did not present substantial evidence that an agency relationship existed between supplier and builder.

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McCord-Baugh v. Birmingham City Bd. of Educ., 2991398, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Overview: Because employee's underlying breach-of-contract claim was not viable, she was not entitled to any of the remedies -- including monetary damages, injunctive relief, and declaratory relief -- that she sought based on that claim.

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Morrow v. Gibson, 1001837, SUPREME COURT OF ALABAMA, February 15, 2002, Released
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Overview: Order of attorney fees under the Alabama Litigation Accountability Act were reversed. Attorney's legal position was not susceptible to a conclusion that no reasonable and competent attorney would have advanced that contention.

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Nelson v. Elba Gen. Hosp. & Nursing Home, Inc., 2990524, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Overview: Because no medical records were attached to or served with the affidavit of the nurse, the affidavit was properly disregarded by the trial court.

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W. Point Stevens v. Hill, 2000403, COURT OF CIVIL APPEALS OF ALABAMA, February 15, 2002, Released
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Overview: Because worker suffered a "nonaccidental" injury, trial court failed by not considering whether she presented clear and convincing evidence for a nonaccidental injury at trial.

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