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| Papaspiros v. Southeast Gen. Contrs., Inc., 2050777,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Judgment for contractor was affirmed as clients' right to counsel under Ala. Code art. I, § 10 was not unduly impinged upon as it seemed as if they were unrepresented because their attorney withdrew after clients became dissatisfied with him, and they could not replace him. Clients were not unrepresented because attorney was trying another case.
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| Price v. Ragland, 1040251 and 1040265, 1040314 and 1040336,
SUPREME COURT OF ALABAMA, March 16, 2007, Released
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Overview: Trial court erred in denying the attorney's motion for judgment as a matter of law on the legal malpractice action against him since the motion was meritorious; the estate claimants and the trust claimants' legal malpractice claims had to fail because they could not prove either "loss-of-control" damages or "different-course" damages.
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| Scott v. State ex rel. Dix, 2050949,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Modification of a child-support obligation was affirmed because, given the presumption that the existing child-support obligation was to be modified as the difference between the existing obligation and that indicated under Ala. R. Jud. Admin. 32 was greater than ten percent, the trial court did not err by modifying the child-support obligation.
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| State ex rel. T.S.H. v. W.H., 2050842,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Judicial estoppel supported denial of State's 2005 Ala. R. Civ. P. 60(b) petition seeking to alter a 2001 divorce judgment to include child support; 2005 claim that child was born of marriage was wholly inconsistent with wife's claim in 2001 of no children, divorce judgment was based on 2001 claim, and change would work only to wife's advantage.
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| Town of Killen v. Clemmons, 2050670,
COURT OF CIVIL APPEALS OF ALABAMA, March 16, 2007, Released
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Overview: Town of Graysville v. Johnson, 33 Ala. App. 479, 34 So. 2d 708 (1948) was overruled to extent it interpreted Ala. Code § 11-51-91 to prevent one municipality from collecting business tax on entity located in two overlapping municipal police jurisdictions where entity was closer to a second municipal boundary but only first municipality sought tax.
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