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   State Courts - Alabama - April 15, 2005

  
McConathy v. State, 2021203, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Swan v. City of Hueytown, 1031058, SUPREME COURT OF ALABAMA, April 15, 2005, Released
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Overview: Because a police officer and a dispatcher were arresting or attempting to arrest an arrestee by determining if he had any outstanding warrants, they were entitled to state-agent immunity under Ala. Code ? 6-5-338; consequently, because the city's immunity was derivative, the trial court properly granted summary judgment to the officer and the city.

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Watson v. Watson, 1031675, SUPREME COURT OF ALABAMA, April 15, 2005, Released
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Overview: While denial of customer's motion for temporary restraining order was interlocutory order appealable pursuant to Ala. R. App. P. 4(a)(1)(A), customer's appeal was dismissed because he appealed from the trial court's action setting a hearing on customer's request for preliminary injunction, and such an action was not appealable interlocutory order.

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Williams v. Williams, 2030983, COURT OF CIVIL APPEALS OF ALABAMA, April 15, 2005, Released
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Overview: Since defendant son was a nonresident when personal service was attempted, and there was no evidence that he knew that he would be sued when he moved to Tennessee, later efforts to serve him by publication did not confer in personam jurisdiction, a default judgment was void, and the trial court erred in denying the son's motion for relief.

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