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| Alvira v. Campbell, 2030423,
COURT OF CIVIL APPEALS OF ALABAMA, March 25, 2005, Decided
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Overview: In a modification of custody matter, where the record on appeal left the issue of child support unresolved, a mother's two notices of appeal from the order modifying the custody of her two daughters was dismissed, as a final and appealable judgment was lacking.
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| Ex parte Adams, CR-04-0863,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 25, 2005, Released
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Overview: Judge was not required by Ala. Canons Jud. Ethics 3.C.(b) to recuse himself from presiding over an accused's trial because he was the city attorney when she was previously arrested, as said arrest was for felony, and the judge had no connection in prosecuting the same. Further, the judge's adverse rulings were insufficient to establish bias.
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| State Farm Mut. Auto. Ins. Co. v. Motley, 1031285,
SUPREME COURT OF ALABAMA, March 25, 2005, Released
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Overview: In enforcing setoff against underinsured motorist coverage, insurer was limited to amount of underinsured motorist coverage of policy of motorist tortfeasor and could not also include extent of policy for non-motorist joint tortfeasor because language of Ala. Code ¿ 32-7-23(b)(4) limited setoff to insurance policies pertaining to uninsured vehicle.
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| W.E.C. v. Madison County Dep't of Human Res., 2031070, 2031125,
COURT OF CIVIL APPEALS OF ALABAMA, March 25, 2005, Decided
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Overview: Where the record on appeal failed to contain a transcript of the juvenile court's custody modification order, the record on appeal was inadequate for an appeal to the Alabama Court of Civil Appeals. Thus, pursuant to Ala. R. Juv. P. 28(D), the appeal was transferred to the circuit court for a trial de novo.
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| Barron v. Scroggins, 2031042,
COURT OF CIVIL APPEALS OF ALABAMA, April 1, 2005, Released
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Overview: Because a decedent could only live in a nursing home, venue of her probate proceedings was where said home was located. Second, because a signature card on a joint bank account did not clearly indicate that it contained a survivorship benefit, decedent's grandson had no claim to it. Finally, his self-dealing disqualified him to serve as executor.
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| Ex parte Aaron, 1030349,
SUPREME COURT OF ALABAMA, April 1, 2005, Released
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Overview: Because officers failed to corroborate an anonymous tip regarding a purchase of several pseudoephedrine tablets petitioner and a co-defendant made before said officers made an investigatory stop of the car that the two were riding in, said stop was based on an insufficient indicia of reliability to show a reasonable suspicion to support the same.
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