Alabama, March, 2006, State Case law

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State Courts - Alabama - March 10, 2006

Ala. State Bar v. Caffey, 1040527, 1040637, SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: Board of Disciplinary Appeals properly reversed an order granting summary judgment to the Bar, as (1) it properly applied a de novo standard of review to the conclusions of law made by the Disciplinary Board and (2) a criminal contempt finding was not conclusive evidence that established a per se violation of the Rules of Professional Conduct.

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Collins v. Rodgers, 1040901, SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: Trial court erred in granting a permanent injunction in favor of the residents that directed the property owners not to build a residence on their property unless placement of the residence complied with a 100-foot setback requirement; that restriction was not set forth in deed conveyed to them and was not evidenced by a common building scheme.

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Ex parte Ala. Dep't of Mental Health & Mental Retardation, 1041172, SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: Under Ala. Const. art. I, ??14, DMHMR, as a State agency, was entitled to sovereign immunity as to a guardian's claims against it for monetary damages arising out of an assault on her ward at a state development center. Petitioners were also entitled to sovereign immunity for the claims against them in their official capacities.

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Ex parte CSX Transp., Inc., 1041971, 1050016, SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: Summary judgment in favor of a city and its contractor was properly reversed, as (1) the city had a duty to warn the public of a hazard it knew, or should have known about, despite the fact such might have been created by a third party; and (2) inferences as to the placement of protective barriers around the hazard precluded summary judgment.

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Ex parte Miller, Hamilton, Snider & Odom, LLC, 1050200, SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: Where none of the individual defendants in a malicious prosecution action was a resident of Blount County, where underlying suit had been brought in Jefferson County, and where none of law firm's members resided in Blount County, Blount County was not the proper venue for the malicious prosecution action against the law firm and the lawyers.

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Hardin v. Kirkland Enters., 2040720, COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2006, Released
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Overview: Tenants owed a landlord for unaccrued rent (accelerated rent) after they were evicted because, reading a provision in the lease as a whole, the tenants contractually agreed that they could be held liable for accelerated rent in the event of an eviction.

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Jenkins v. Covington, 2040948, COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2006, Released
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Overview: Default judgment that awarded damages for a fraud claim that was added to the suit at a damages hearing under Ala. R. Civ. P. 54 was void and the trial court was instructed to set the judgment aside as the trial court could not enter a default judgment for an amount exceeding that claimed in the original complaint.

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Keelboat Concepts, Inc. v. C.O.W., Inc., 2030174, COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2006, Released
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King v. State, 2050087, COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2006, Released
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Overview: Trial court erred in ordering forfeiture under Ala. Code ? 20-2-93(a)(4) of cash as no link was proven between cash and drug transaction, although person one had sold cocaine to informant. Person two's claim that she had been saving $ 8,500 for house and person one's claim that $ 833 in his wallet was from disability payments were not refuted.

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Mobile Press Register, Inc. v. Lackey, 1041260, 1041371, SUPREME COURT OF ALABAMA, March 10, 2006, Released
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Overview: While the circuit court properly granted a permanent injunction prohibiting the municipal court against expunging its criminal records in the future, because the court conceded that production of the records would not be overly cumbersome, a newspaper was allowed access to previously expunged files.

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