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| Belcher v. Belcher, 2070613,
COURT OF CIVIL APPEALS OF ALABAMA, March 13, 2009, Released
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Overview: Trial court's order requiring a father to pay his daughter's medical and dental expenses as part of his obligation to pay the daughter's postminority educational expenses was error because the divorce judgment was devoid of language indicating that the father was required to pay medical and dental expenses as part of such obligation.
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| Crum v. Johns Manville, Inc., 2070869,
COURT OF CIVIL APPEALS OF ALABAMA, March 13, 2009, Released
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Overview: A trial court erred by dismissing a construction company's claims for wantonness against a roofer and subcontractor, pursuant to Ala. R. Civ. P. 12(b)(6), as the company's allegations complied with Ala. R. Civ. P. 8 by alleging leaks and other problems despite the roofing system being guaranteed for 10 years and unsuccessful repairs.
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| Ex parte City of Dothan, 1080205,
SUPREME COURT OF ALABAMA, March 13, 2009, Released
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Overview: A circuit court had no authority to order the complete purge, dissolution, and deletion of a citizen's criminal record because the criminal record accurately reflected the circumstances of the citizen's conviction and was not inaccurate, incomplete, or misleading within the meaning of Ala. Code §§ 41-9-645 and 41-9-646.
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| Liberty Mut. Ins. Co. v. Greenway Enters., 2070393,
COURT OF CIVIL APPEALS OF ALABAMA, March 13, 2009, Released
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Overview: An insurer's appeal of an order granting an insured summary judgment was dismissed because the judgment conclusively determined all the issues before the trial court and put an end to the proceedings. Pursuant to Ala. R. Civ. P. 58(c), the failure to tax costs did not affect the finality of the summary judgment.
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| Parris v. Prison Health Servs., 2070831,
COURT OF CIVIL APPEALS OF ALABAMA, March 13, 2009, Released
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Overview: Although an inmate's notice of appeal was not filed with clerk's office within 42-day filing period, the appeal was not necessarily untimely because "mailbox rule" of Ala. R. App. P. 4(c) controlled. Remand was required because the appellate court was unable to verify that the inmate timely delivered his notice of appeal to prison mail system.
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| S.D.P. v. U.R.S., 2070977,
COURT OF CIVIL APPEALS OF ALABAMA, March 13, 2009, Released
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Overview: Evidence did not support judgment terminating father's parental rights under former Ala. Code § 26-18-7 because, inter alia, there was no evidence that father abused the child at issue or that he abused the other two children that who in his custody, and no indication of duration of what mother claimed was father's abandonment of the child.
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