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| Affinity Hosp., L.L.C. v. Williford, 1071405,
SUPREME COURT OF ALABAMA, April 17, 2009, Released
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Overview: It was proper to deny a medical center and nurse summary judgment in a wrongful-death action because the administrator ad litem of a decedent's estate had the capacity to file the action. She was a "personal representative" under Ala. Code § 6-5-410 and was vested with the authority conferred by that section to file a wrongful-death action.
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| B.W.T. v. Haynes & Haynes, P.C., 2071235,
COURT OF CIVIL APPEALS OF ALABAMA, April 17, 2009, Released
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Overview: Appeal was dismissed as Alabama State Bar was not party to declaratory judgment action seeking enforcement of agreement under Ala. R. Prof. Conduct 1.5. Summary judgment was merely advisory and was void as State Bar was free under Ala. Code § 34-3-43 to enforce Rule 1.5 without regard to summary judgment or disposition on appeal.
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| Brown v. Patton, 2070810,
COURT OF CIVIL APPEALS OF ALABAMA, April 17, 2009, Released
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Overview: Trial court erred in granting summary judgment in favor of employer on a workers' compensation claim based on lack of substantial evidence of a causal connection between employee's fall and her work; under Byrom, as substantial evidence showed fall arose out of employment, no further causal connection was required to satisfy Ala. Code § 25-5-51.
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| Centennial Assocs. v. Guthrie, 1080015,
SUPREME COURT OF ALABAMA, April 17, 2009, Released
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Overview: Court, in certifying summary judgment for defendant as final under Ala. R. Civ. P. 54(b), erred in ruling there was no just reason for delay. Issues in claim against defendant, and in claims that remained pending against other defendants, were so closely intertwined that separate adjudication would pose unreasonable risk of inconsistent results.
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| Coley v. Fain, 2071002,
COURT OF CIVIL APPEALS OF ALABAMA, April 17, 2009, Released
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Overview: Judgment was reversed in boundary dispute case as it was unclear as to whether trial court found that section line had changed pursuant to finding of adverse possession, such that it was no longer section line referenced in parties' deeds.
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| Eustace v. Browning, 2071234,
COURT OF CIVIL APPEALS OF ALABAMA, April 17, 2009, Released
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Overview: Madison circuit court's (MCC) dismissal of will contest filed by decedent's heirs was proper because the heirs failed to comply with Ala. Code §§ 43-8-190, 43-8-199 when they filed the will contest in a Jackson circuit court, and therefore, the MCC lacked subject matter jurisdiction to consider the will contest after it was transferred to the MCC.
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| Ex parte Parr, 1080321,
SUPREME COURT OF ALABAMA, April 17, 2009, Released
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Overview: Petition for mandamus relief ordering trial judge to grant motion for recusal in firm's action against attorney was denied, as attorney waived right to seek recusal by failing to timely file motion; waiver nothwithstanding, petition lacked merit as firm member who had contacts with judge in unrelated case was not attorney or witness in this action.
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| Graves v. Golthy, 1070422,
SUPREME COURT OF ALABAMA, April 17, 2009, Released
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Overview: A shooter's appeal of a judgment awarding an administratrix punitive damages in a wrongful-death suit was dismissed because the notice of appeals was untimely under Ala. R. App. P. 4(a), and the shooter's motions for stay of execution, Ala. R. Civ. P. 62, and for relief from judgment, Ala. R. Civ. P. 60, did not toll the time for filing the appeal.
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| Ricks v. Riddle Equip., Inc., 2070903,
COURT OF CIVIL APPEALS OF ALABAMA, April 17, 2009, Released
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Overview: JMOL should have been granted to defendant on breach of contract action; original storage agreement between equipment owner and defendant was too indefinite as to terms such as commission and length of storage to be enforceable, and later agreement as to commission, made after equipment was stolen, came too late to constitute enforceable agreement.
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| Routzong v. Baker, 2070987,
COURT OF CIVIL APPEALS OF ALABAMA, April 17, 2009, Released
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Overview: Finding of contempt was held, as mother was not required to consult father regarding expenses involving activities which, the parties contemplated at the time of the divorce, the children would participate in after the divorce and the father, without cause, failed to reimburse the mother for most of the expenses the parties had agreed to divide.
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