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| Masterbrand Cabinets, Inc. v. Ruggs, 2050800,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: In a workers' compensation action, insofar as the trial court's order purported to amend its final judgment by awarding an employee double compensation pursuant to Ala. Code § 25-5-8(e), such was reversed, as the amendment was entered pursuant to an untimely Ala. R. Civ. P. 59(e) motion. Hence, the court lacked jurisdiction to enter the same.
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| State Dep't of Revenue v. Union Tank Car Co., 2050652,
COURT OF CIVIL APPEALS OF ALABAMA, April 13, 2007, Released
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Overview: Trial court properly granted summary judgment to company on claim that company owed income tax for certain tax years in which it did not file corporate income tax returns; company was not subject to income tax pursuant to Ala. Code § 40-18-2(a)(2), as it conducted no business, had no employees, and owned no property in Alabama during those years.
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| Studio 205, Inc. v. City of Brewton, 1051801,
SUPREME COURT OF ALABAMA, April 13, 2007, Released
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Overview: Denial of corporation's motion for injunction barring removal of its signs was proper because, under Brewton, Ala., Zoning Ordinance § 10.72, sign which was destroyed or 50 percent or more deteriorated was no longer "grandfathered," and trial court properly relied on building inspector's testimony to find that sings were damaged to that extent.
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| Taylor v. Striplin, 1050313,
SUPREME COURT OF ALABAMA, April 13, 2007, Released
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Overview: Loan guarantor, as subrogee, had no right under Ala. Code § 8-3-2 or otherwise to charge against certificate of deposit (CD) pledged as collateral, because under the pledge agreement, the bank was allowed to charge against CD only if debt was unpaid after one year. Guarantor's payment of the loan prior to one year extinguished liability.
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