Alabama, February, 2003, State Case law

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State Courts - Alabama - February 21, 2003

Am. Auto. Acceptance Co. v. New South Fed. Sav. Bank, 1011657, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: Because the debtor failed to file for reconsideration within 30 days of the entry of the summary judgment, its time to file an appeal was not extended. Therefore, any appeal filed outside of that statutory 42-day period was untimely.

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Austin Apparel, Inc. v. Bank of Prattville, 2010292, COURT OF CIVIL APPEALS OF ALABAMA, February 21, 2003, Released
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Overview: Bank was authorized to pay for an environmental study on the subjected property, pursuant to its mortgage. However, because a condition under the first subordinate lienholder's lien did not occur, attorney's fee award was reversed.

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C.R. v. C.J.T., 2011090, COURT OF CIVIL APPEALS OF ALABAMA, February 21, 2003, Released
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Overview: Where a juvenile court failed to timely rule on a postjudgment motion, it was deemed denied, and the court lost jurisdiction to entertain it; as a result, a subsequent order and amended judgment were a nullity.

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Caton v. City of Thorsby, 1020216, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: Summary judgment was properly granted in favor of the city and the zoning commission, where a former property owner lacked standing over his former property, where it was sold prior to a formal meeting on his zoning request.

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Christy v. Smith Mt., Inc., 2011129, COURT OF CIVIL APPEALS OF ALABAMA, February 21, 2003, Released
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Overview: Default judgment against a customer upon nonpayment of his credit account with the merchant, including the award of interest and attorney's fees, was upheld. The matter was remanded for recalculation of the interest award.

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City of Dothan v. Eighty-Four West, Inc., 2010683, COURT OF CIVIL APPEALS OF ALABAMA, February 21, 2003, Released
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Ex parte Dill, Dill, Carr, Stonbraker & Hutchings, P.C., 1011586, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: Out-of-state law firm's blue-sky filing was its single contact with state regarding failed securities offerings, as it did not represent, or deal directly with, a state resident, and grounds for general or specific jurisdiction over firm were absent.

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Ex parte Dowdell, 1012178, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Ex parte State Farm Mut. Auto. Ins. Co., 1020040, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Ex parte Stonebrook Dev., L.L.C., 1010722, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: A contractor's negligence action against the design professionals whose negligence was shown by the evidence to have caused delays in performance did not accrue until the contractor was sued for liquidated delay damages.

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