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| Beckerle v. Moore, 1040219,
SUPREME COURT OF ALABAMA, March 11, 2005, Released
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Overview: Taxpayers lacked standing in state court to sue for the recovery of the state funds expended as a result of a Chief Justice's actions in a federal lawsuit, based on 42 U.S.C.S. § 1983, in which they were seeking attorney's fees under 42 U.S.C.S. § 1988. Thus, their complaint was properly dismissed under Ala. R. Civ. P. 12(b)(6).
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| G.H. v. K.G. , 2031100,
COURT OF CIVIL APPEALS OF ALABAMA, March 11, 2005, Released
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Overview: The juvenile court's determination that the grandparents had demonstrated that the best interests of the child would be served by their being awarded custody was plainly and palpably wrong. The record contained undisputed evidence that the maternal grandparents did not provide for the child's medical needs and allowed her to drink and have sex.
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| Harris v. Preskitt, 2031016, 2031144,
COURT OF CIVIL APPEALS OF ALABAMA, March 11, 2005, Released
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Overview: Plaintiff and defendants entered into binding settlement agreement under Ala. Code § 34-3-21 where letters between attorneys revealed meeting of minds as to settlement. Plaintiff's claim against individual was properly dismissed for want of prosecution as other parties conducted discovery to individual's exclusion. He was prejudiced by settlement.
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| Johnson v. State, CR-99-1349,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 11, 2005, Released
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Overview: Evidence of defendant's bad acts and bigamy conviction were properly admitted to show motive for her killing the victim, a witness in her bigamy prosecution. Further, absent a limiting instruction, where the extent of the evidence could have forced the jury to convict her based on her character or criminal propensity, a new trial was required.
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| Loggins v. State, CR-01-1804,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 11, 2005, Released
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Overview: Inmate's appeal from order of trial court granting inmate's motion to vacate its earlier summary dismissal of inmate's Ala. R. Crim. P. 32 petition was dismissed. Trial court lacked jurisdiction to vacate its earlier dismissal. Inmate failed to file notice of appeal within 42 days of dismissal pursuant to Ala. R. Crim. P. 4(a)(1).
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| Med. Licensure Comm'n v. Herrera, 2030977,
COURT OF CIVIL APPEALS OF ALABAMA, March 11, 2005, Released
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Overview: Trial court erred in reversing Alabama Medical Licensure Commission's order that revoked doctor's license as there was substantial evidence that doctor routinely ordered unnecessary diagnostic tests, routinely ordered unusual combinations or amounts of narcotic pain medicine, and practiced medicine in manner that endangered patients' health.
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| Wallace v. Wallace, 2030855,
COURT OF CIVIL APPEALS OF ALABAMA, March 11, 2005, Released
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Overview: Husband's payment was accord and satisfaction under Ala. Code § 7-3-311 as wife, knowing that husband claimed that property-division obligation was met by check, agreed to condition by endorsing and depositing check. There was substantial evidence that check was good-faith offer to extinguish obligation and that claim was based on colorable ground.
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