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State Courts -
Alabama - March 21, 2008
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Ellison v. Mooney, 2061048,
COURT OF CIVIL APPEALS OF ALABAMA, March 21, 2008, Released
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Overview: Because a property owner failed, beyond the allegations in her complaint, in her burden of presenting any additional evidence, much less substantial evidence, creating a genuine issue of material fact in her suit against a contractor arising out of an alleged breach of a construction contract, the contractor was properly granted summary judgment.
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Hubbard v. Bentley, 2060713,
COURT OF CIVIL APPEALS OF ALABAMA, March 21, 2008, Released
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Overview: Because the intent of the parties to a divorce, as a matter of law, was that their antenuptial agreement would be considered and judicially enforced for precisely what it was, the trial court erred in failing to give effect to that intent, holding instead that it was suggestive only and not binding. Thus, said holding had to be reversed on appeal.
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