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| Custer v. Homeside Lending, Inc., 1011409,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Trial court did not err by entering a summary judgment for a mortgagee on the homeowners' breach-of-express-contract claim that the mortgagee force-placed excessive flood insurance on the homeowners.
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| D.F.L.C. v. Madison County Dep't of Human Res., 2011011,
COURT OF CIVIL APPEALS OF ALABAMA, March 14, 2003, Released
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Overview: The termination of parental rights was proper as the mother was unwilling and unable to provide for the children's needs and there were no viable alternatives to the termination of the mother's parental rights. The mother continued to use drugs.
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| Dixon v. Bd. of Water & Sewer Comm'rs, 1012131,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Where an owner's substantial evidence showed that a sewer backup was proximately caused by a sewer system malfunction and directly contradicted a sewer board's theory of causation, the board was not entitled to summary judgment.
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| Ex parte Athens-Limestone Hosp., 1020246,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: The trial court erred in severing a hospital's third-party claim against a doctor in a wrongful death/malpractice claim where the issues were not so complex as to warrant severance and the claim did not require proof of a single additional fact.
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| Ex parte Barnett, 1012094,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Petitioner was denied mandamus allowing him to file his request for post-conviction relief nunc pro tunc, as if he had previously filed the request on the date alleged, as the record lacked evidence that such a document existed.
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| Ex parte Coleman, 1010644,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Where contract stated that transaction could not be extended by oral agreement, affidavit saying that pawnbroker orally agreed to extend contract allowed owners' breach of contract claim to survive summary judgment. Contract could be extended orally.
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| Ex parte Emerald Mt. Expressway Bridge, L.L.C., 1012135,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Taxpayers who operated toll bridges and owned real property used in connection with the operation of the toll bridges were not by statute exempt from the payment of ad valorem taxes on the real property.
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| Ex parte Hodges, 1010619,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Trial court's override of the jury's recommended sentence of life imprisonment without the possibility of parole for defendant, and that court's subsequent sentence of death, were proper.
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| Ex parte Hudson, 1011148,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: An employee had state-agent immunity against claims he failed to properly evaluate bids for bleachers and failed to inspect the bleachers as these were discretionary functions. There was no immunity for failure to forward a maintenance manual.
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| Ex parte Liberty Nat'l Life Ins. Co., 1020057,
SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Where an insurer showed "good cause" for failure to plead the defense of repose, and there was no evidence of actual prejudice or undue delay caused by allowing an amendment, the trial court abused discretion in denying a motion for leave to amend.
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