Alabama, February, 2003, State Case law

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State Courts - Alabama - February 21, 2003

Ex parte Troutman Sanders, L.L.P., 1011812, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: Tolling effect of motion to reconsider did not apply to motions to reconsider interlocutory orders. Petition for mandamus writ addressing denial of motion to dismiss was untimely, and motion to reconsider denial did not toll time for filing.

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Ex parte Webb, 1000651, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: A president failed to show a company's substantial effect on interstate commerce and did not force a worker to prove a lack of interstate commerce effects or a defect foreclosing contractual arbitration. Compelling federal arbitration was error.

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Johnson Mobile Homes of Ala., Inc. v. Hathcock, 1992310, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: The court erred refusing to compel arbitration in a mobile home dispute, as the parties' had specifically contracted to arbitrate such disputes. If any of a wife's claims were not based on a sale contract, arbitration was not required for her claims.

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Lilya v. Greater Gulf State Fair, 1012313, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: Fair owed no duty to injured party under premises liability principles for open and obvious danger possible harm involved in riding mechanical bull. There was no duty under implied-in-fact contract. There was no evidence of causating defect.

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N.H. v. Vickers, 2010966, COURT OF CIVIL APPEALS OF ALABAMA, February 21, 2003, Released
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Overview: Pro se litigant's ineffective assistance of counsel claim was properly dismissed, where he had numerous alternatives under the law to effectuate service, tried only one of those methods, and did so only once, over an eight-month period.

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Nelson v. Estate of Frederick, 1012107, SUPREME COURT OF ALABAMA, February 21, 2003, Decided
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Overview: Summary judgment for estate was error as personal injury claim survived death of tortfeasor. Statute of limitations was tolled for six months upon death of tortfeasor. Suit was timely filed. It was error to refuse to appoint administrator ad litem.

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Simon v. Jackson, 1011278, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: As judgment entered upon a trial on the merits, a pretrial denial of a motion to dismiss was moot. The issue of evidence sufficiency was waived. The judge did not abuse discretion disregarding an untimely filed meritorious defense showing.

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Smith v. Yanmar Diesel Engine Co., 1011699, SUPREME COURT OF ALABAMA, February 21, 2003, Released
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Overview: Where manufacturer stipulated that it sold and continued to sell its parts in the state through authorized dealers, this implied substantial contacts with the state to confer personal jurisdiction. Thus, summary judgment in its favor was improper.

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State Emples. Injury Comp. Trust Fund v. Shade, 2010852, COURT OF CIVIL APPEALS OF ALABAMA, February 21, 2003, Released
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Overview: The trial court improperly substituted its opinion for that of the Alabama State Employees Injury Compensation Trust Fund Review Board where the Review Board was presented with conflicting evidence of the employee's physical impairment.

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Walls v. Walls, 2010860, COURT OF CIVIL APPEALS OF ALABAMA, February 21, 2003, Released
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Overview: Given the length of marriage, the wife's unemployment, and the disparity of the parties' earning potential, periodic alimony should have been reserved. Also, an income-tax exemption was improperly granted to the husband, the non-custodial parent.

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