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   State Courts - Alabama - April 19 - April 25, 2007
  
Ex parte Howell, 1060139, SUPREME COURT OF ALABAMA, April 19, 2007, Released
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Overview: The Alabama Court of Criminal Appeals properly affirmed the denial of defendant's youthful-offender status, Ala. Code ? 15-19-1, because defendant did not adequately preserve for appellate review any error in the denial of his application; defendant did not sustain his burden of providing the Alabama Supreme Court with a complete record.

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Cunningham v. Cunningham, 2060248, COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2007, Released
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Overview: A periodic alimony award to the wife of $ 500 per month, when coupled with an award of 23 percent of the marital estate, was inequitable, considering the wife's disability, $2,000 in expenses, the length of parties' marriage, and the fact that the husband remained able to work.

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Davis Plumbing Co. v. Burns, 2050480, COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2007, Released
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Overview: Trial court's order that allowed the employee to purchase his prescriptions for his work-related injury from the pharmacy of his choice and that ordered reimbursement by the employer was affirmed because Ala. Code ? 25-5-77 did not authorize selection of the pharmacy by the employer.

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Dodd v. Burleson, 2050556, COURT OF CIVIL APPEALS OF ALABAMA, April 20, 2007, Released
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Overview: Trial court did not err in entering a judgment on remand, which afforded the maternal grandparents substantially less in terms of guaranteed visitation with the children at issue than its prior judgment, as such was both reasonable, and in line with the Alabama Legislature's 2003 amendments to Ala. Code ??30-3-4.1.

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Mut. Assur., Inc. v. Schulte, 1050092, SUPREME COURT OF ALABAMA, April 20, 2007, Released
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Overview: Because the determination of whether an insurer's reliance on Ala. Code ? 6-5-547 was reasonable was a question that was better left to the trier of fact, summary judgment on a negligent-failure-to-settle claim was upheld. However, based on the agreement of the parties, arguments as to the bad faith were not addressed.

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J.S. v. St. Clair County Dep't of Human Res., 2051061, COURT OF CIVIL APPEALS OF ALABAMA, April 25, 2007, Released
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Overview: An order terminating a mother's parental rights pursuant to Ala. Code ? 26-18-7 was affirmed. At the time of the termination hearing the child had been in agency custody for 20 months. During that time, the mother had been in and out of jail and had lived wherever she could. She regularly used illegal drugs and did not complete treatment.

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