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   State Courts - Alabama - March 14, 2003

  
Ex parte N.L.R., 1012330, SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Where there was no evidence that the natural father was unfit to have custody of the children, the trial court erred in granting custody to the grandmother. There was a presumption in favor of granting custody to a natural parent unless he was unfit.

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Ex parte Smith, 1010267, SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Defendant was not afforded due process at the penalty phase of his trial when the trial court improperly restricted defendant's presentation and development of mitigation evidence concerning the dysfunctionality of his family.

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Gober v. Ala. Dep't of Corr., 2020064, COURT OF CIVIL APPEALS OF ALABAMA, March 14, 2003, Released
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Overview: Benefits paid by work-release employer to injured inmate were not covered under the workers' compensation act and could be intercepted by department of corrections. Work-release employer was not employer; inmate's wage was not directly paid to him.

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Jackson v. Alexander, Corder, Plunk, Baker & Shelly, P.C., 1011604, SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Lee v. YES of Russellville, Inc., 1011691, 1011692, SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Trial court properly applied the right-of-control test to determine which of two parties was actually the general contractor who was operating a company.

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Lyles v. Pioneer Hous. Sys., 1010908, SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Arbitration provision in express warranty was enforceable as to warranty claims only, as sale of mobile home involved interstate commerce, and purchasers could not avail themselves of benefit of warranty without being bound by warranty's provisions.

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Lyons v. River Rd. Constr., Inc., 1012092, SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Overview: Trial court erred in denying a state official's motion to dismiss a damages suit filed by a subcontractor against him in his official capacity where no contract existed between the two and the suit impermissibly sought funds from the state treasury.

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Neal v. Neal, 1991439, 1992202, SUPREME COURT OF ALABAMA, March 14, 2003, Released
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Williams v. Baptist Health Sys., 2011226, COURT OF CIVIL APPEALS OF ALABAMA, March 14, 2003, Released
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Overview: Hospital could enforce secondary liability of a patient who was a minor when necessary medical services were provided to pay a reasonable amount for the care, where the patient's parent failed or refused to discharge her duty to support the child.

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