Alabama, March, 2009, State Case law

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State Courts - Alabama - March 6, 2009

Brown v. Brown, 2070953, COURT OF CIVIL APPEALS OF ALABAMA, March 6, 2009, Released
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Overview: Judgment did not properly compute a father's child-support obligation according to Ala. R. Jud. Admin. 32. Trial court erred in concluding that father earned only $ 62,000 as record showed that trial court improperly deducted insurance premiums from his income and failed to impute as income mortgage payments that his company made on his residence.

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Ex parte Ala. Dep't of Mental Health & Mental Retardation, 1071616, SUPREME COURT OF ALABAMA, March 6, 2009, Released
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Overview: Mental health facility was not an "other public facility" under Ala. R. Crim. P. 25.6(b) and, thus, trial court could not commit patient found not guilty by reason of mental defect directly to state mental health department rather than to custody of state mental health commissioner; thus, department did not need court approval to transfer patient.

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Hale v. Kroger L.P. I, 2071237, COURT OF CIVIL APPEALS OF ALABAMA, March 6, 2009, Released
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Overview: Summary judgment (Ala. R. Civ. P. 56) was properly entered in an LP's favor in a slip-and-fall action in a store. The store manager testified that the store first learned of a spill after the patron fell, and the patron had not presented evidence that the store's inspection procedure was inadequate or performed inadequately on the day of his fall.

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Hollander v. Barnes, 2070627, COURT OF CIVIL APPEALS OF ALABAMA, March 6, 2009, Released
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Hurst v. Eagles Landing IV, Ltd., 2070892, COURT OF CIVIL APPEALS OF ALABAMA, March 6, 2009, Released
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Overview: Tenants who appealed final judgment entered on arbitration award were entitled to a remand so that they could file a motion to vacate the award; tenants filed their appeal three days before Shaner decision clarified procedure for filing arbitration award appeals, and thus, they were not aware that motion to vacate should have been filed.

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Johnson v. State, CR-08-0343, COURT OF CRIMINAL APPEALS OF ALABAMA, March 6, 2009, Released
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Overview: As defendant's new trial motion was deemed denied by operation of law and there was no "express consent of the parties" on the record to continue the motion before the expiration of the 60th day, pursuant to Ala. R. Crim. P. 24.4 and 29, defendant's appeal was not timely filed under Ala. R. App. P. 4, warranting dismissal thereof.

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Jones-Lowe Co. v. S. Land & Exploration Co., 1071575, SUPREME COURT OF ALABAMA, March 6, 2009, Released
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Overview: Where a mineral rights interest owner brought a quiet title action under Ala. Code ? 6-6-543 and in support of its summary judgment motion, it merely offered motion averments without any further documentation to support the assertions contained therein, such was not sufficient to support the grant of summary judgment in its favor.

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K.S. v. H.S., 2071034, COURT OF CIVIL APPEALS OF ALABAMA, March 6, 2009, Released
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Overview: Juvenile court lacked subject-matter jurisdiction under Ala. Code ? 12-15-30(a) to hear grandmother's petition for temporary custody as petition could not be treated as dependency petition, in that petition was based on dispute between mother and grandmother over visitation; thus, the juvenile court's order awarding custody to grandmother was void.

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Montgomery County Bd. of Educ. v. Webb, 2070436, COURT OF CIVIL APPEALS OF ALABAMA, March 6, 2009, Released
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R.T.B. v. Calhoun County Dep't of Human Res., 2070919, COURT OF CIVIL APPEALS OF ALABAMA, March 6, 2009, Released
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Overview: Judgments finding four children dependent and transferring their custody to relatives, Ala. Code ? 12-15-71(a)(3)(c), were affirmed. The mother's counselor testified that the mother had not fully rehabilitated, and the children's counselors uniformly opined that the best interests of the children would be served in the care of relatives.

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