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| Ex parte Phillips, 1981083,
SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: A conviction under the hunting statute required a showing that defendant either knew or should have known that the area over which he was hunting was baited.
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| Ex parte R.D.W., 1980379,
SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Case was reversed where defendant alleged that the trial court erred in refusing to instruct the jury that the child victim's out-of-court statements were taken without his being afforded the opportunity to cross-examine her.
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| Middleton v. Rush, 2981401,
COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2000, Released
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Overview: Summary judgment granting defendant fire insurance proceeds improper, because trier of fact could conclude defendant's tenancy at will in plaintiff's property was expressly dependent upon defendant keeping insurance in force.
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| Miller v. National Bulk Carriers, 1981819,
SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Grant of summary judgment in favor of ship owners in wrongful-death action was affirmed. The record contained no evidence of decedent's substantial exposure to benzene while working on defendants' ships.
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| Monroe v. Baptist Health Care Found., 1981456,
SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Nonprofit corporation's charitable use of excess income from apartments for elderly, and good faith intent to use vacant land for future charity, demonstrated that properties were exempt from taxation as charitable uses.
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| Morgan Bldg. & Spas, Inc. v. Gillett, 2980788,
COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2000, Released
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Overview: Damage award in favor of recreational camper buyer was reversed because buyer was not entitled to punitive damages since his rights accrued after statute's effective date and warranty-disclaimer in agreement was conspicuous.
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| Oliver v. Towns, 1982303,
SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Compensatory damages awarded to client after her attorney misappropriated proceeds of settlement check were reduced to $ 75,000 from $ 500,000 as actual monetary loss was only $ 7,200 and severe mental anguish was not shown.
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| Schnacke v. Real Estate Fin., Inc., 2990141,
COURT OF CIVIL APPEALS OF ALABAMA, March 10, 2000, Released
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Overview: Plaintiff was entitled to a default judgment in mortgage action because defendant by not filing an answer, failed to assert affirmative defenses and trial court erred when it dismissed plaintiff's claim for affirmative relief.
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| Sisters of the Visitation v. Cochran Plastering Co., 1981513,
SUPREME COURT OF ALABAMA, March 10, 2000, Released
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Overview: Religious order was enjoined from proceeding with arbitration against contractor who allegedly damaged property while making repairs because it failed to show that transaction affected interstate commerce.
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