Alabama, April, 2009, State Case law

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State Courts - Alabama - April 3, 2009

Beverly v. Beverly, 2071085, COURT OF CIVIL APPEALS OF ALABAMA, April 3, 2009, Released
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Overview: While trial court's factual findings supported its determination that the employment income of parties' autistic adult son was not sufficient to provide for his support, trial court erred by not stating on record the reasons it deviated from the Ala. R. Jud. Admin. 32 child-support guidelines in determining father's postminority support obligation.

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Bonner v. Lyons, Pipes & Cook, P.C., 1070187, 1070272, SUPREME COURT OF ALABAMA, April 3, 2009, Released
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Overview: Client sued attorney for malpractice, alleging his failure to timely send notice to renew franchise agreement caused termination of client's franchise. Claim failed, since even if the renewal notice had been timely sent, franchisor would have been entitled to terminate franchise due to client's failure to pay a franchise fee required by agreement.

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C.S.B. v. State Dep't of Human Res., 2071120, COURT OF CIVIL APPEALS OF ALABAMA, April 3, 2009, Released
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Overview: Clear and convincing evidence did not support termination of mother's parental rights under Ala. Code ? 26-18-7. While her testimony indicated her intellectual capabilities were below average, there was no evidence as to extent of her mental limitations, and whether those limitations prevented her from caring for her child, who had cerebral palsy.

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Cobb v. Fisher, 1071501, SUPREME COURT OF ALABAMA, April 3, 2009, Released
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Overview: Because cement found in a patient's left knee after bilateral knee replacement surgery was not a foreign instrumentality as it was used to hold the new joint in place, an exception to the requirement of expert testimony in a medical malpractice action under Ala. Code ? 6-5-548(a) did not apply.

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Kelmor, LLC v. Ala. Dynamics, Inc., 1050479, SUPREME COURT OF ALABAMA, April 3, 2009, Released
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Overview: As an asset-purchase agreement between plaintiffs and defendants was governed by Ala. Code ? 8-9-2(5) of the statute of frauds, and it stated that time was of the essence, any alleged oral extension of the closing date would have been a substantive change to the terms of the agreement and would have been invalid under the statute of frauds.

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Mason v. Wilson, 2080194, COURT OF CIVIL APPEALS OF ALABAMA, April 3, 2009, Released
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Overview: Evidence that a committee suffered from delusions; was diagnosed as paranoid schizophrenic; had not responded to medication; and threatened to commit suicide was sufficient to establish that she was mentally ill and posed a substantial threat of harm to herself. Thus, she was properly committed to State custody under Ala. Code ? 22-52-10.4.

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Riley v. Joint Fiscal Comm. of the Ala. Legislature, 1080468, SUPREME COURT OF ALABAMA, April 3, 2009, Released
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Rogers v. Penske Truck Leasing Co., L.P., 2070915, COURT OF CIVIL APPEALS OF ALABAMA, April 3, 2009, Released
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Overview: Employee's malicious prosecution suit was properly dismissed on summary judgment as there was probable cause at time that a theft prosecution was initiated to believe that employee committed theft, in that receipts found in truck of individual known to have stolen fuel on 15 occasions showed that the employee dispensed fuel to him on each occasion.

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Steward v. Steward, 2070445, COURT OF CIVIL APPEALS OF ALABAMA, April 3, 2009, Released
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