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| A.M.B. v. R.B.B., 2050826,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: Trial court properly placed a child in the custody of the child's grandparents because the mother's unstable living and working arrangements, her admission that her temper can result in violent outbursts, as well as her guilty plea to domestic violence involving her sister's young children, militated against her fitness as a parent.
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| Bennett v. Mortgage Elec. Registration Sys., 2060121,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: Trial court did not err in denying resident's motion to set aside a default in a real estate possession case and in finding that resident did not have meritorious defense because, although there were two prior dismissals, the second dismissal was by court order, and thus the two-dismissal rule stated in Ala. R. Civ. P. 41(a)(1) did not apply.
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| Collins v. Williams, 2060222,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: Because a mother presented clear and convincing evidence that based on her son's mental illness, he was unable to make an informed and rational decision concerning his need for treatment, and that without treatment, he would suffer continued deterioration and would pose a threat to himself or others, an involuntary commitment order was upheld.
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| Cotter v. McCrummen, 2050393,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: Judgment was affirmed as father was properly required to pay postminority educational support for parties' son as son had aptitude for vocational pilot program since he had high school diploma and long-standing interest in becoming pilot and was excelling in studies. There was no requirement that program be accredited.
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| Downs v. Downs, 2050964,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: Because the clear language of the relevant provision of a divorce judgment required the husband and the first wife to maintain a life insurance policy, and because the first wife was to be in charge of ensuring that the policy premiums be paid, the trial court properly determined that the husband was prohibited from changing the beneficiary.
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| Dunes of GP, L.L.C. v. Bradford, 1051501,
SUPREME COURT OF ALABAMA, April 13, 2007, Released
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Overview: Trial court did not err in denying seller's motion to compel arbitration of dispute between the seller and a buyer over earnest money in a real estate contract because the arbitration provision at issue applied to disputes which arose after closing. The closing did not take place, so the arbitration provision was inapplicable to the dispute.
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| Elizabeth Homes, L.L.C. v. Cato, 1050048,
SUPREME COURT OF ALABAMA, April 13, 2007, Released
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Overview: Because a seller met its burden in support of a motion to compel arbitration, as outlined in the purchase agreement between it and the buyers, and the buyers failed to demonstrate that said provision did not apply to the claims asserted, the trial court erred in denying the seller's motion to compel.
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| Federated Mut. Ins. Co. v. Abston Petroleum, Inc., 1051589,
SUPREME COURT OF ALABAMA, April 13, 2007, Released
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Overview: Because a pollution-exclusion clause was unambiguous, the personal injury and property damages suffered by an insured consignor's consignees were not covered by the policy at issue, warranting a reversal of an order granting summary judgment in favor of the consignor and the consignees allowing coverage and for breach of contract.
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| Jackson v. Jackson, 2050716,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: While the trial court did not err in dividing the parties' personal property and in awarding custody to the husband, it abused its discretion by imputing a full-time minimum-wage income to the wife and in failing to tailor the visitation award to address her involvement in illegal activities and in exposing her former boyfriend to the children.
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| Lynch v. Hamrick, 1051820,
SUPREME COURT OF ALABAMA, April 13, 2007, Released
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Overview: Trial court properly allowed an attorney, who represented a grantor by helping her set up a deed, to testify about communications with the grantor, the grantor's intentions, and her capacity, as the grantor inquired into the otherwise privileged communications, and waived any privilege during a hearing to set the deed aside.
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