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   State Courts - Alabama - February 22, 2008
  
Ex parte Garlington, 1061831, SUPREME COURT OF ALABAMA, February 22, 2008, Released
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Overview: Probation revocation order that stated "Probation is revoked" did not comply with Ala. R. Crim. P. 27.6(f) or McCoo v. State because the order failed to specifically state the evidence relied on and the reasons for revoking probation.

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Ex parte McNabb, 1070429, SUPREME COURT OF ALABAMA, February 22, 2008, Released
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Feria v. Soto, 2060744, COURT OF CIVIL APPEALS OF ALABAMA, February 22, 2008, Released
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Overview: Although Alabama court could exercise emergency jurisdiction under Ala. Code ? 30-3B-204, temporary custody order did not comply with Ala. Code ? 30-3B-204(c) requirement that father return to Florida to modify custody order; trial court did not communicate with Florida court before exercising jurisdiction, as required by Ala. Code ? 30-3B-204(d).

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Goetsch v. Goetsch, 2060714, COURT OF CIVIL APPEALS OF ALABAMA, February 22, 2008, Released
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Overview: Custody modification was upheld because a material change of circumstances occurred after divorce decree was entered because the father had subjected children to emotional abuse that had damaged them; custody award to the mother would materially promote children's best interests and outweigh disruptive effect caused by the change.

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Hanks v. Spann, 2060721, COURT OF CIVIL APPEALS OF ALABAMA, February 22, 2008, Released
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Overview: In a boundary line dispute between owners of property that adjoined a logging road and owner of land at the end of the road, an order granting the owner a prescriptive easement was clearly erroneous because the trial court did not first identify who owned the road.

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Tyler v. Tyler, 2060339, COURT OF CIVIL APPEALS OF ALABAMA, February 22, 2008, Released
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Overview: Trial court did not err in determining that an antenuptial agreement was valid and enforceable because there was evidence that the wife had general knowledge of the nature and extent of the husband's estate, she had adequate representation of counsel, and she acted against her counsel's advice in signing the agreement.

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V.W. v. G.W., 2060902, COURT OF CIVIL APPEALS OF ALABAMA, February 22, 2008, Released
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Overview: Child's dependency was not demonstrated under Ala. Code ? 12-15-1(10) so as to support adjudication and disposition of the child; record lacked evidence tending to show, as the father claimed, that child's morals, health, or general welfare were in danger or that the mother failed to provide proper care or guardianship.

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Wood v. Booth, 1060953, SUPREME COURT OF ALABAMA, February 22, 2008, Released
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