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| C.E. v. C.C.H., 2050898,
COURT OF CIVIL APPEALS OF ALABAMA, March 9, 2007, Released
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Overview: Judgment awarding custody to mother was reversed as there was not overwhelming necessity for custody modification since there was not material change in circumstances as mother established only that child desired to live with her because she did not like talking to stepmother, and father did not spend time with her.
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| City of Selma v. Dallas County, 1051711,
SUPREME COURT OF ALABAMA, March 9, 2007, Released
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Overview: A city could not enjoin a county's construction and operation of a tower designed for communications with emergency responders, because that was a governmental, not a proprietary, function; therefore, the city's zoning ordinances that the tower's location violated were not enforceable against the county.
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| Dickey v. Midstream Fuel Servs., 2050645,
COURT OF CIVIL APPEALS OF ALABAMA, March 9, 2007, Released
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Overview: Summary judgment for an employer was reversed as to a negligent aggravation claim as an employer could be liable even if it was not aware that its conduct was causing or contributing to the employee's injury. Moreover, the employer knew that its conduct was causing or contributing to the employee's condition.
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| Etowah County Comm'n v. Grant, 2050535,
COURT OF CIVIL APPEALS OF ALABAMA, March 9, 2007, Released
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Overview: Summary judgment for deputy sheriffs was reversed as Ala. Code § 36-21-4.1 governed overtime compensation for deputies as it had been assumed that deputies were nonelected law enforcement officers in service of county. It was not inconsistent with Ala. Const. art. V, § 112 to view deputies as state employees who were in service of county.
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| Ex parte Publix Super Mkts., Inc., 2060092,
COURT OF CIVIL APPEALS OF ALABAMA, March 9, 2007, Released
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Overview: Petition for writ of mandamus was granted as trial court deviated from procedure required by Alabama Workers' Compensation Act and Alabama Rules of Civil Procedure by deciding disputed coverage issue based on motion merely alleging that employee had sustained work-related injury requiring medical and surgical treatment under Ala. Code § 25-5-77(a).
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| Hopkins v. Hopkins, 2050385,
COURT OF CIVIL APPEALS OF ALABAMA, March 9, 2007, Released
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Overview: Trial court did not err refusing to impose a constructive trust upon property that the son had conveyed to the parents; record contained substantial evidence indicating nonexistence of a confidential relationship between son and the parents, and the son posited no other basis for imposing one, such as fraud or the prevention of unjust enrichment.
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| Jimmy Day Plumbing & Heating, Inc. v. Smith, 1051115,
SUPREME COURT OF ALABAMA, March 9, 2007, Released
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Overview: Trial court did not err in denying company's new trial motion based on juror's failure to disclose that juror was injured in a bicycle-vehicle accident more than five years before collision occurred that injured claimant; significant factual differences existed between two accidents, including fact that claimant was much more seriously injured.
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| Keene v. Hayden, 1051673,
SUPREME COURT OF ALABAMA, March 9, 2007, Released
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Overview: Because the sellers offered no evidence, by affidavit or otherwise, tending to establish that the transaction underlying a real estate sale contract involved interstate commerce, the order of the trial court erred in dismissing the case and compelling arbitration of the parties' disputes.
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| Kimbrough v. Kimbrough, 2050745,
COURT OF CIVIL APPEALS OF ALABAMA, March 9, 2007, Released
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Overview: Judgment holding father in contempt under Ala. R. Civ. P. 70A(c)(3) was affirmed as he did not request transcript, and it could not be determined whether father was allowed reasonable opportunity to meet charges, right to call witnesses, right to confront accuser, and right to give testimony relevant to complete exculpation or extenuation.
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| Knoblett v. Ala. Bd. of Massage Therapy, 2050575,
COURT OF CIVIL APPEALS OF ALABAMA, March 9, 2007, Released
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Overview: On appeal of judgment upholding revocation of massage therapist's license, appellate court found that Ala. Admin. Code r. 532-X-3-.04(7) was broad enough and gave state board authority to "monitor" massage therapist by hiring an investigator to receive massages from him. Investigator's testimony as to improper touching supported revocation.
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