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| Ala. State Pers. Bd. v. Carson, 2040811,
COURT OF CIVIL APPEALS OF ALABAMA, March 31, 2006, Released
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Overview: Because a circuit court failed to specify in its judgment or in a separate opinion the reasons supporting its decision that an employer's termination of an employee was clearly erroneous, the judgment did not comply with Ala. Code § 41-22-20(l).
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| Case v. Ala. State Bar, 1041325,
SUPREME COURT OF ALABAMA, March 31, 2006, Released
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Overview: Since an appellate court granted a lawyer's petition for a mandamus writ directing state bar to set aside interim suspension of lawyer, appeal from dismissal of lawyer's case against state bar by a lower court was moot. Lawyer's claim that state bar planned on further disciplinary action against him did not create a matter in controversy.
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| Choice Builders, Inc. v. Complete Landscape Serv., 2040507,
COURT OF CIVIL APPEALS OF ALABAMA, March 31, 2006, Released
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Overview: Summary judgment in favor of a landscape service was reversed on appeal in a third-party indemnification suit brought by a building corporation that arose from the homeowners suing the building corporation for a negligently built retaining wall as evidence existed that an oral agreement to indemnify existed.
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| Luker v. Carrell, 2040318,
COURT OF CIVIL APPEALS OF ALABAMA, March 31, 2006, Released
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Overview: Appeal was dismissed as untimely. While clerk failed to mail notice of entry of judgment until two months after judgment was entered, appellant failed to file motion pursuant to Ala. R. Civ. P. 77(d) to extend time for filing notice of appeal. Trial court's attempt to invoke Ala. R. Civ. P. 60(a) to change the date of its judgment was ineffective.
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| Tracy v. Tracy, 2040823,
COURT OF CIVIL APPEALS OF ALABAMA, March 31, 2006, Released
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Overview: Because no indication was made that there was no just reason for delay under Ala. R. Civ. P. 54(b) as to a father's visitation claim, and because income was not imputed to the father after finding that he was underemployed, pursuant to Ala. R. Jud. Admin. 32(B)(5), the father's appeal was dismissed as nonfinal under Ala. Code § 12-22-2.
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