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| Green v. Green, 2070789,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Appeal of order imposing incarceration for former husband's contempt for failure to pay alimony was dismissed as amended judgment did not aggrieve husband such that he could file second postjudgment motion. Successive postjudgment motions were prohibited. Appeal was filed more than 42 days after amended judgment under Ala. R. App. P. 4(a)(1).
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| Holmes v. Holmes, 2070623,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: It was improper to find a husband in contempt for failing to pay a wife child support and periodic alimony because the trial court erred in disallowing parol evidence on the issue of the parties' intent in entering into a settlement agreement. The provision of the divorce judgment requiring the husband to pay alimony was ambiguous.
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| Johnson v. State, CR-07-0885,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: It was improper to hold defendant in contempt and order her to serve one year with a community corrections program because the circuit court did not have jurisdiction to hold defendant in contempt for failure to pay court-ordered money. An indigent defendant could not be imprisoned for her inability to pay a fine, court costs, or restitution.
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| Kellis v. Estate of Schnatz, 2070565,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Because a trial court did not err in determining as a matter of equity that a buyer could not recover from a seller's estate any compensation for improvement he made to property in reliance on a voided sales agreement, it could have reasonably determined that the amounts owing to the estate for rent completely offset the value of the improvements.
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| M.R.J. v. D.R.B., 2070487,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Juvenile court erred in employing the best-interests-of-the-child standard when awarding custody of a child to the child's father; a prior child support order in favor of the mother constituted a custody award in her favor, and for the father to obtain a modification of that custody award, he had to satisfy the McLendon standard.
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| Magee v. Williams, 2070779,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Circuit court erred in granting an accident victim and her husband a new trial because the victim and her husband failed to prove that the jury verdict was actually prejudiced by extraneous material, and the extraneous material was not of such a nature as to constitute prejudice as a matter of law.
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| Marshall v. State, CR-07-0936,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: A trial court should have excluded evidence regarding statements a confidential informant made to law enforcement officers or required the State to disclose the identity of the informant because the informant's testimony was relevant to the issue of defendant's guilt of unlawful possession offense of a controlled substance.
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| Perkins v. State, CR-06-1828,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Even assuming that the trial court erred in admitting the deputy's alleged hearsay testimony regarding victim's statement at time of the offense, admission was harmless, as same evidence was subsequently admitted when the deputy testified about what defendant told him at the scene, testimony that was admissible as an admission of a party opponent.
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| Raybon v. Hall, 2071119,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Mother's appeal of, inter alia, order recalculating a child support arrearage was dismissed. The order was void as it was entered while an appeal of the original arrearage order was still pending and an appeal could not be taken from a void order. The trial court was, however, directed to vacate the void order.
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