Alabama, April, 2005, State Case law

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State Courts - Alabama - April 15, 2005

Ala. Farmers Coop., Inc. v. PricewaterhouseCoopers, LLP, 2020454, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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DeVenney v. Hill, 1031245, SUPREME COURT OF ALABAMA, April 15, 2005, Released
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Overview: Land sellers were entitled to judgment on their breach of contract claim against two assignees to a sales contract as: the assignment was valid, a fee for delaying collection of part of the purchase price was not assigned, but excavation of a retained lot was. But, their implied vendor's lien claim was waived by failing to rebut a presumption.

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Diggs v. Diggs, 2030382, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: Trial court's order requiring a wife to pay a husband $ 20,000 in lieu of an interest in the marital residence, with interest of 5 percent per annum, was not an inequitable property distribution, given the court's award of over $ 165,000 in securities to the husband. Further, the interest awarded did not violate Ala. Code ??8-8-10.

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Hosey v. Lowery, 2030566, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: Where injured parties' counsel failed to attend hearing on cross motions for sanctions, injured parties' due process rights were violated when their action against pro se litigant was dismissed. Only motions scheduled to be heard were moot motions for sanctions. Pro se litigant was not involved in cross motions and had not filed motion to dismiss.

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King v. Corr. Med. Servs., 2030903, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: Summary judgment was properly entered for Alabama Department of Corrections (ADOC) and commissioner on prisoner's sister's ??1983 claim as ADOC was not person under ??1983 and commissioner did not make any decision on prisoner's medical treatment. Prisoner was given medical treatment and medical malpractice did not create constitutional claim.

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L.C.S. v. J.N.F., 2030567, 2031028, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: Probate court properly granted grandparents' petition to adopt child as father's failure to file notice of intent to claim paternity under Alabama Putative Father Registry in compliance with Ala. Code ? 26-10C-1 could be considered irrevocable implied consent to child's adoption under Ala. Code ???26-10A-9(a)(5), 26-10A-9(b), and 26-10C-1(i).

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Lary v. VSB Fin. Consulting, Inc., 2040126, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: Because an agent or employee of a company sent an unsolicited facsimile advertisement to a physician in contravention of 47 U.S.C.S. ? 227(b)(1)(C), the trial court erred in entering a judgment in favor of the company.

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Lary v. Work-Loss Data Inst., 2040222, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: Because a physician's uncontested summary judgment affidavit alleged that a company sent three separate unsolicited facsimile transmissions in violation of 47 U.S.C.S. ? 227(b)(1), the trial court's decision to award damages for a single violation was erroneous per se.

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Locke v. Ozark City Bd. of Educ., 1030877, SUPREME COURT OF ALABAMA, April 15, 2005, Released
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Overview: Trial court erred in entering summary judgment against an umpire, and in favor of an education board, as a genuine issue of material fact existed as to whether the board provided adequate police protection at a baseball game in which the umpire was injured under its contract with an athletic association, warranting reversal.

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M.J.P. v. K.H. , 2040166, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: In light of the lack of evidence concerning the facts upon which jurisdiction under the PKPA or UCCJEA would be based, the appellate court had no choice but to reverse the judgment of the juvenile court in dependency actions and remand to take the necessary evidence, determine the necessary facts, and apply the PKPA and UCCJEA to those facts.

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