Alabama, March, 2009, State Case law

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State Courts - Alabama - March 27, 2009

Allbritton v. Dawkins, 2080063, COURT OF CIVIL APPEALS OF ALABAMA, March 27, 2009, Released
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Overview: In residents' suit claiming that they had acquired an easement for use of a road over property, trial court's judgment which declared that the road was not a public road was void because the issues raised by residents could have impacted property ownership interests of absent persons who were indispensable parties under Ala. R. Civ. P. 19.

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Burleson v. Burleson, 2071218, COURT OF CIVIL APPEALS OF ALABAMA, March 27, 2009, Released
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Overview: Husband's motion for relief from default judgment entered in divorce action was properly denied as husband's alcoholism was not aggravating circumstances that warranted relief under Ala. R. Civ. P. 60(b)(6). Husband presented no evidence indicating that his alcoholism so impaired him that he could not provide the clerk with his address for service.

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Campton v. Miller, 2080182, COURT OF CIVIL APPEALS OF ALABAMA, March 27, 2009, Released
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Overview: As juvenile courts had exclusive jurisdiction over proceedings to terminate parental rights, a circuit court had no subject-matter jurisdiction to terminate a father's parental rights incident to a divorce, even though the parties agreed. Thus, it properly vacated judgment's termination provision under Ala. R. Civ. P. 60(b)(4) because it was void.

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Ex parte Clark, 1071628, SUPREME COURT OF ALABAMA, March 27, 2009, Released
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Overview: Pursuant to Ala. R. App. P. 45, trial court erred in refusing to allow father to recall clinical psychologist to testify regarding a change in her custody recommendation in light of events occurring after she first testified; father's substantial rights were affected, as such evidence would have impacted inquiry about the child's best interests.

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Ex parte Fairfield Nursing & Rehab. Ctr., L.L.C., 1080158, 1080160, SUPREME COURT OF ALABAMA, March 27, 2009, Released
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Overview: State supreme court granted petitions for writ of mandamus to block orders requiring production of incident reports; representatives did not show Ala. Code ? 22-21-8 required health care facility to prove that quality assurance committee existed, and reports were neither kept in ordinary course of business nor made part of residents' medical files.

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Galloway v. Ozark Striping, Inc., 2080137, COURT OF CIVIL APPEALS OF ALABAMA, March 27, 2009, Released
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Overview: A construction worker was hit by a vehicle while placing a traffic cone on a highway. As genuine issues of material fact existed as to whether a sign company breached its contractual duty to erect and maintain construction signs and whether such breach proximately caused the accident, it had not been entitled to summary judgment.

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Gulf State Park Auth. v. Gulf Beach Hotel, Inc., 1071551, 1071552, SUPREME COURT OF ALABAMA, March 27, 2009, Released
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Overview: Alabama Department of Conservation and Natural Resources' agreement to lease state park land to university, which would sublease property for development as resort, violated Alabama State Parks Concession Act, Ala. Code ? 9-14-20 et seq., as Department did not take competitive bids, and concession's duration exceeded limits of Ala. Code ? 9-14-27.

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Johnson v. Metro Land Co., L.L.C., 2070928, COURT OF CIVIL APPEALS OF ALABAMA, March 27, 2009, Released
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Overview: Pursuant to Ala. Code ? 18-3-1, a property owner filed suit to condemn a strip of land through a limited liability company's (LLC's) property to use as right-of-way to access his landlocked property. The circuit court's order condemning a strip of the LLC's property was void, as such a request had to first be made in the probate court.

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Mahoney v. Loma Alta Prop. Owners Ass'n, 2080192, COURT OF CIVIL APPEALS OF ALABAMA, March 27, 2009, Released
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Overview: As property owners association's claims against townhouse resident hinged on its proving that she was owner of unit, and it knew, before it amended complaint, that her former husband was the owner, court erred by denying her claim for attorney's fee and costs under Alabama Litigation Accountability Act, Ala. Code ? 12-19-270 et seq.

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McConico v. Corr. Med. Servs., 2071001 and 2080067, COURT OF CIVIL APPEALS OF ALABAMA, March 27, 2009, Released
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Overview: An inmate who sued a corporation was not entitled to discovery pending appeal under Ala. R. Civ. P. 27, which was permitted only as to collateral matters. Because a dismissal for failure to prosecute was an adjudication on the merits under Ala. R. Civ. P. 41, any discovery relating to the inmate's claims against the corporation was not collateral.

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