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| Broadnax v. Griswold, 2061190,
COURT OF CIVIL APPEALS OF ALABAMA, April 18, 2008, Released
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Overview: It was proper to rule for a driver in an owner's action alleging that the driver negligently damaged her automobile because the owner's insurer was the real party in interest under Ala. R. Civ. P. 17(a). Because the insurer paid the owner to compensate her for the damage, the owner's right to recover from the driver was transferred to the insurer.
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| Chris Myers Pontiac-GMC, Inc. v. Perot, 1061090,
SUPREME COURT OF ALABAMA, April 18, 2008, Released
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Overview: A trial court erred in denying a seller's motion to compel arbitration of purchasers' claims because the seller did not waive its right to require the purchasers to arbitrate their claims by failing to start the arbitration process. Under the parties' arbitration agreement, the aggrieved party had the burden of initiating the arbitration process.
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| D.L.L. v. B.J., 2061156,
COURT OF CIVIL APPEALS OF ALABAMA, April 18, 2008, Released
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Overview: A father's appeal of a juvenile court judgment awarding maternal grandparents custody of his child was dismissed because the notice of appeal was untimely. The father failed to file the notice of appeal within 14 days of the denial of his postjudgment motion pursuant to Ala. R. Civ. P. 52, 55, or 59.
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| Ex parte Nationwide Ins. Co., 1061708,
SUPREME COURT OF ALABAMA, April 18, 2008, Released
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Overview: A writ of mandamus directed a trial court to dismiss an insured's claim for UIM benefits because her amendment to substitute her insurer for a fictitiously named defendant did not relate back to her complaint under Ala. R. Civ. P. 15(c)(4). She did not exercise due diligence in ascertaining the insurer's identity before the limitations period ran.
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| Ex parte Novartis Pharms. Corp., 1070310, 1070311, 1070312,
SUPREME COURT OF ALABAMA, April 18, 2008, Released
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Overview: Pharmaceutical manufacturers' petitions for a writ of mandamus to vacate an order consolidating civil fraud cases under Ala. R. Civ. P. 42 were denied because a common question of law or fact formed the premise for consolidating the cases. The State alleged claims of fraudulent misrepresentation and fraudulent suppression against each manufacturer.
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| Holmes v. City of Birmingham, 2070068,
COURT OF CIVIL APPEALS OF ALABAMA, April 18, 2008, Released
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Overview: Circuit court did not err in vacating a county personnel board's order upholding a city's decision to terminate an employee on the ground that the board failed to timely issue its order in compliance with the 30-day time limit provision in its rules because the rules did not conflict with 1945 Ala. Acts 248, § 22, as amended by 1977 Ala. Acts 684.
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| Pipeline Technic, L.L.C. v. Mason, 2060657,
COURT OF CIVIL APPEALS OF ALABAMA, April 18, 2008, Released
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Overview: Trial court did not err in awarding an employee workers' compensation benefits for an injury to the body as a whole, not for an injury to a scheduled member under the Alabama Workers' Compensation Act, Ala. Code § 25-5-57(a)(3), Medical evidence did not contradict the employee's testimony that his gait, altered by his foot injury, caused back pain.
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| Roberts v. Univ. of Ala. Hosp., 2070256,
COURT OF CIVIL APPEALS OF ALABAMA, April 18, 2008, Released
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Overview: Trial court properly declared that a hospital was entitled to liens under Ala. Code § 35-11-370 as to unpaid charges for services provided to patients. Its finding was based on evidence that the patients were billed for medically necessary services and that the unenhanced charges for those services were determined by reference to a pricing list.
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| Swafford v. Norton, 2060722,
COURT OF CIVIL APPEALS OF ALABAMA, April 18, 2008, Decided
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Overview: It was proper to grant an estate summary judgment in an alleged son's action seeking a declaration that a decedent was his father because he lacked standing to bring the action Because the son was born during his mother's marriage to her husband, he had a presumed father under the Alabama Uniform Parentage Act, Ala. Code, § 26-17-5(a)(1).
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