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| Ex parte Soule, 1030152,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Where a form notice of appeal and defendant's cover letter to a circuit court clerk were filed with the clerk, the documents were sufficient to invoke appellate jurisdiction; the Court of Criminal Appeals erred in dismissing defendant's appeal.
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| Ex parte West, 1030392,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Post-conviction relief petition, filed within a two-year time frame from defendant's triggering date under the rules of criminal procedure, was timely filed. Thus, the matter was remanded for further proceedings.
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| HLH Constructors, Inc. v. State Dep't of Revenue, 2021068,
COURT OF CIVIL APPEALS OF ALABAMA, March 5, 2004, Released
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Overview: Corporation's purchase of drain, waste, and ventilation pipe did not qualify for pollution-control exemption from sales tax, as pipe was primarily purchased so corporation could complete its contracts with customers and not for pollution control.
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| Hollander v. Nance, 2020621,
COURT OF CIVIL APPEALS OF ALABAMA, March 5, 2004, Released
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Overview: Because the trial court was within its discretion to dismiss a father's petition to modify custody and to hold the mother in contempt for failure to prosecute, denial of his request for a hearing to challenge the same was harmless error.
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| McKenzie v. Killian, 1021616,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Summary judgment grant to alleged tortfeasor on motorist's damage claim due to collision of their vehicles was proper; her claim was barred by two-year limitations period and longer period did not apply since evidence of wantonness was lacking.
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| Moragne v. Moragne, 2020833,
COURT OF CIVIL APPEALS OF ALABAMA, March 5, 2004, Released
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Overview: Where a husband and wife failed to extend the 90-day to keep their post-judgment motions pending, any order entered thereon was a nullity. Further, an appeal filed by the husband after the filing deadline was dismissed as untimely.
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| Page v. Cox & Cox, Inc., 2020335,
COURT OF CIVIL APPEALS OF ALABAMA, March 5, 2004, Released
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Overview: Workers' compensation claimant presented substantial evidence as to medical causation, sufficient to withstand summary judgment, in affidavit stating that a ladder fall caused injuries to his knee, or at least aggravated preexisting knee injury.
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| State v. Webber, 1021743,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: State's petition for writ of mandamus was dismissed; filing of petition neither tolled time that trial court retained jurisdiction nor conferred jurisdiction on appellate court and, thus, neither court retained jurisdiction to vacate judgment.
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| Van Houten v. Van Houten, 2020922,
COURT OF CIVIL APPEALS OF ALABAMA, March 5, 2004, Released
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Overview: Father's petition to modify his child support obligation was properly denied, as the father timed his second marriage, knowing that the timing might cost him his job and his ability to support his children. Thus, he was voluntarily underemployed.
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| Walls v. Alpharma USPD, Inc., 1010645,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Learned-intermediary doctrine foreclosed any duty upon a pharmacist filling a valid physician's prescription to warn the physician's patient or any other ultimate consumer of the risks or potential side effects of the prescribed medication.
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