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| H.E.B. v. J.A.D., 2031087,
COURT OF CIVIL APPEALS OF ALABAMA, February 18, 2005, Released
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Overview: Without either a finding that appellant father was unfit or a finding that the child was dependent under Ala. Code ¿ 12-15-1 (1975) et seq., a judgment awarding custody of the child to the maternal grandmother was improper and was reversed and remanded.
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| K.W.J. v. J.W.B., 2030805,
COURT OF CIVIL APPEALS OF ALABAMA, February 18, 2005, Released
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Overview: Where a birth mother signed a consent to have her child adopted but failed to obtain the biological father's consent, the judgment granting the adoption to adoptive parents was reversed, because the father did not impliedly consent to such adoption under Ala. Code ¿ 26-10A-9 because he was prevented from establishing a relationship with the child.
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| Safeway Ins. Co. of Ala., Inc. v. Herrera, 1031115, 1031165,
SUPREME COURT OF ALABAMA, February 18, 2005, Released
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Overview: Where the terms "forcible entry" in an exclusionary provision in an auto insurance policy was unambiguous, and the insured's van was not stolen via a forcible entry, such excluded the insured's claim regarding the same. Thus, summary judgment on the insured's bad-faith-refusal-to-pay counterclaim was upheld as a matter of law.
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| State v. Lewis, 1030145,
SUPREME COURT OF ALABAMA, February 18, 2005, Released
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Overview: While the merits of the State's objection to the court's imposition of a community service sentence against defendant, after she failed to complete a diversion program, might have been deserving of review, where the deficiencies in the petition failed to present a reviewable issue and did not comply with Ala. R. App. P. 39, certiorari was denied.
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| Wilcoxen v. Wilcoxen, 2030834,
COURT OF CIVIL APPEALS OF ALABAMA, February 18, 2005, Released
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Overview: A trial court's failure to state its reasons for deviating from the child support guidelines constituted error where the trial court's judgment expressly acknowledged that child support was not set in compliance with Ala. R. Jud. Admin. 32(B)(9), but did not state any reason for the deviation, as required by Ala. R. Jud. Admin. 32(A)(ii).
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| Williamson v. Wynnwood Pers. Care Home I, 2020365,
COURT OF CIVIL APPEALS OF ALABAMA, February 18, 2005, Decided
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| Opinion of the Justices No. 382, No. 382,
SUPREME COURT OF ALABAMA, February 24, 2005, Released , February 24, 2005, Opinion Issued
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