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| Ala. Pain Consultants, LLC v. Aspen Med. Prods., 2050669,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Trial court erred in assuming that there existed no genuine issue of material fact, that the medical products company was entitled to a specified sum from the alleged debtor as a matter of law, and in entering judgment for that sum; the alleged debtor had possible defenses that could be resolved only through discovery, and, ultimately, litigation.
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| Barnett v. Estate of Anderson, 1051676 and 1051829,
SUPREME COURT OF ALABAMA, March 16, 2007, Released
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Overview: As a will, construed as a whole, clearly showed the testatrix's intent to convey only a life estate in a farm to her daughters, with a remainder interest to vest in the daughters' heirs, this intention overcame the presumption set forth in Ala. Code § 35-4-2 that the farm was to be taken as a fee simple estate.
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| Chadwick Timber Co. v. Philon, 2050697,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Judgment for workers' compensation claimant was reversed as there was not sufficient evidence that claimant was entitled to benefits beyond leg injury benefits scheduled under Ala. Code § 25-5-57(a)(3) as claimant did not tell physical therapist and doctor that he had back pain for six months, and he did not relate his back pain to specific source.
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| Dubose v. Dubose, 2050592,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Denial of postjudgment motion by operation of law was reversed as husband alleged that wife procured uncontested divorce by fraudulently presenting forged documents, which were serious allegations that entitled him to have judgment vacated, if they were proven, error was not harmless, and he requested hearing under Ala. R. Civ. P. 59(g).
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| Ex parte Butler, 1051636,
SUPREME COURT OF ALABAMA, March 16, 2007, Released
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Overview: Trial court had subject-matter jurisdiction to consider defendant's Ala. Code § 13A-5-9.1 motion and also to determine that defendant was a nonviolent offender; but court was without jurisdiction to enter order rescinding order that modified defendant's life without parole sentence as more than 30 days elapsed between first order and second order.
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| Ex parte Jenkins, 1051778,
SUPREME COURT OF ALABAMA, March 16, 2007, Released
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Overview: Judgment denying defendant's first Ala. Code § 13A-5-9.1 motion was void as it was not issued by either sentencing judge or presiding judge; as judgment was void, second motion was not precluded and court of appeals should have considered the merits of defendant's appeal of judgment denying his second motion for sentence reconsideration.
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| Ex parte Trottman, 1060073,
SUPREME COURT OF ALABAMA, March 16, 2007, Released
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Overview: Instructor let child leave school with a man who claimed to be her brother; he sexually assaulted her. Principal and instructor were entitled to state-agent immunity, as allowing student to leave with older sibling was school's standard checkout procedure, and their actions occurred while they discharged their official duties in educating students.
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| Kendrick v. Earl's, Inc., 2050717,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Because the only movant listed in summary judgment motion and motion to dismiss was employer, employee's claims alleging that individual defendants defrauded and deceived him and participated in a retaliatory discharge had not been adjudicated, the judgment was not final, and, under Ala. Code § 12-22-2, appellate court lacked jurisdiction.
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| Lewis v. First Tuskegee Bank, 2050708,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Judgment dismissing suit was reversed as complaint alleged fraud under Ala. Code § 6-5-101 in alleging that mortgagee falsely represented that second mortgage was paid in full and that foreclosure sale would satisfy two mortgages, that second mortgage's status was material fact, upon which mortgagors relied, and that mortgagors were damaged.
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| Morgan v. Morgan, 2050348,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: A trial court had jurisdiction to grant a motion to require that a child attend public school because it was the arbiter of a dispute over the child's custody. Ala. Canons Jud. Ethics 3.E. did not require the trial judge to disclose his prior association with the mother's counsel because that association ended before counsel represented the mother.
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