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   State Courts - Alabama - March 10, 2000

  
Alabama Historical Comm'n v. City of Birmingham, 2981337, COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2000, Released
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Overview: City's mortgage was executed and recorded before commission's easement arose, and commission did not redeem easement, so foreclosure of the first mortgage, which resulted in city's redemption deed, extinguished the easement.

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Bice v. SCI Ala. Funeral Home Servs., 2981430, COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2000, Released
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Carrell v. Masonite Corp., 1981292, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: A continuance should have been granted to buyers whose claims for fraudulent suppression against sellers needed further discovery prior to a summary judgment ruling.

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Celtic Life Ins. Co. v. Lindsey, 1972120, 1972121, 1972188, 1972189, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Insurer's motion to compel arbitration after rejecting insureds' claim was improperly denied, as return of premium by insurer and breach of contract claim by insureds suggested there was no mutual assent to rescind contract.

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Ex parte Cater, 1980615, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Trial court erred in granting a nonexclusive, private easement for ingress and egress over property when defendant failed to satisfy her burden of proving the necessity for the easement.

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Ex parte Earthgrains, Inc., 1982200, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Ex parte Freeman, 1981565, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Death sentence was proper; it was not imposed under influence of passion or prejudice; aggravating and mitigating circumstances indicated that sentence was proper; sentence was not excessive in comparison to similar cases.

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Ex parte Garner, 1981307, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: The term of appellant's sentence that was ordered to be served consecutively was reversed, finding that it was the trial court's decision to allow sentences imposed for separate offenses to run concurrently.

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Ex parte Hyde, 1971109, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Where the court found no error, plain or otherwise, in either the guilt phase or the penalty phase of defendant's trial that would have warranted reversal, it affirmed defendant's conviction and the sentence of death.

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Ex parte Pardue, 1980254, SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Where a statute required that three full days pass between the date defendant gave notice of intention to plead guilty and the date the district court took the plea, it was error to accept defendant's plea on the third day.

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