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| Bd. of Sch. Comm'rs v. Biggs, 2050039,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: When ALJs ruled in favor of employees who contested a change in their work locations under the Fair Dismissal Act, a county board of school commissioners was not entitled to judicial review. Ala. Code § 36-26-115 provided that an ALJ's decision was final, and the Alabama Administrative Procedure Act did not apply to local agencies like the board.
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| Earl v. State Pers. Bd., 2030508,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: Employee's dismissal for failing to report for work for three days was affirmed as due process did not require that charges refer to limited list of items in regulations, employee was given notice of charges under Ala. Code § 41-22-12(b)(4) (1975), charges warranted dismissal, and charges apprised him of allegations against him.
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| Goetsch v. Goetsch, 2040309,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Decided
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Overview: In a custody modification case, it was error not to admit under Ala. R. Evid. 804(b)(1) the deposition testimony of a psychologist in a dependency proceeding. The issues, which involved the fitness of the parents in the dependency case and whether a change of custody would benefit the children in the modification case, were substantially similar.
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| Hayes v. Hayes, 2040653,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: A father was properly found to be voluntarily unemployed because his criminal conviction caused his unemployment and held in contempt for failing to pay child support, but the trial court improperly set his prospective obligation under Ala. R. Jud. Admin. 32(E) without following child support guidelines or giving reasons why it did not do so.
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| Lake v. Avalanche Invs., Inc., 2040036,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Decided
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Overview: Adopted sisters whose existence was not revealed until after judgment was entered against brothers in buyer's action to obtain possession of property were not indispensable parties. Even if they were tenants in common with the buyer, the judgment did not affect their possessory interests, and the record did not show that they lived on the property.
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| Love v. Hall, 2040834,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: Whether fees awarded to an attorney in his quantum meruit action against a former client were correct could not be determined because the judgment did not set out findings of fact, making it impossible to discern what factors the trial court had considered. The trial court was directed to enter a new judgment supported by detailed findings of fact.
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| Lyric Co. v. Stamps, 2040770,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Decided
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Overview: It was error to dismiss a collection case based on defendant's "verified motion to dismiss." Plaintiff had not received sufficient notice for a trial under Ala. R. Civ. P. 40, and the order could not stand as one granting a summary judgment because an affidavit with the complaint created a genuine issue of material fact as to whether debt existed.
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| McConico v. Culliver, 2040766,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: An appellate court issued an opinion reversing and remanding a case, but trial court had no jurisdiction to act on inmate's motion to amend under Ala. R. Civ. P. 15(a) or to dismiss his claim against fellow inmate; appellate court had not issued its certificate of judgment, terminating its jurisdiction, and case was not yet back before trial court.
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| Quality Cas. Ins. Co. v. Ruben, 2050042,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: An insurer had no right to be relieved of its coverage duty under automobile insurance policy; while a father misrepresented on application that his son was not a regular driver of insured car, Ala. Code § 27-14-7 applied only to initial policies and applications for them, and the policy in effect when the son had an accident was a renewal policy.
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| Stephenson v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 2040568,
COURT OF CIVIL APPEALS OF ALABAMA, April 14, 2006, Released
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Overview: Trial court erred in sua sponte dismissing a negligence and contract case for lack of prosecution under Ala. R. Civ. P. 41(b). There was no indication that plaintiff had caused a delay or acted contumaciously, and although no action was taken after arbitration was compelled, nothing indicated that plaintiff had failed to initiate arbitration.
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