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| C.B.B. v. J.S.D., 2000351,
COURT OF CIVIL APPEALS OF ALABAMA, April 5, 2002, Released
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Overview: Juvenile court used incorrect standard to determine custody by referencing mother's fitness to retain custody and the lack of clear and convincing evidence in support of father's petition for custody; correct standard was best interest of child.
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| Childree v. Childree, 2001008,
COURT OF CIVIL APPEALS OF ALABAMA, April 5, 2002, Released
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Overview: Where trial court did not indicate its reasons for awarding wife so little from marital estate, but awarded husband marital home and business, remand was required for trial court to fashion an equitable distribution of marital property.
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| City of Prattville v. Carter, 2000461,
COURT OF CIVIL APPEALS OF ALABAMA, April 5, 2002, Released
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Overview: Undisputed facts did not support developers' claim of negligent misrepresentation by city planning commission that denied approval of a proposed subdivision, because, inter alia, the commission made no false statement of an existing material fact.
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| Cornelius v. Miller, 2000855,
COURT OF CIVIL APPEALS OF ALABAMA, April 5, 2002, Released
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Overview: Claims of title did not fall under nonclaims statute. Where owner of property accepted cash and signed agreement to transfer property, he no longer had interest in property, and nonclaims statute did not bar action to quiet title.
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| Holsbrooks v. Stacy, 1000633,
SUPREME COURT OF ALABAMA, April 5, 2002, Released
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Overview: Referendum vote on a general law was not required before the law could take effect throughout Alabama and in Bibb County.
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| Holy Family Catholic Sch. v. Boley, 2010040,
COURT OF CIVIL APPEALS OF ALABAMA, April 5, 2002, Released
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Overview: Workers' compensation claimant who abused his employer's charge account at pharmacy by charging medication not related to his on-the-job injury had "unclean hands" and was therefore denied the right to use the charge account in the future.
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| S.A.B. v. Mobile County Dep't of Human Res., 2001149,
COURT OF CIVIL APPEALS OF ALABAMA, April 5, 2002, Released
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Overview: Where caseworker admitted to lack of contact with alleged father and did not provide him with services, termination of parental rights was plainly and palpably wrong, as she failed to prevent removal, promote unification, and avoid termination.
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| State v. Lawhorn, 1002071,
SUPREME COURT OF ALABAMA, April 5, 2002, Released
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Overview: State's appeal was dismissed, where trial court's ruling was not a declaration that Community Notification Act was unconstitutional, but only that defendant had a reasonable chance of prevailing on the same. Thus, order was not appealable.
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| Wheeler v. Wheeler, 2001036,
COURT OF CIVIL APPEALS OF ALABAMA, April 5, 2002, Released
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Overview: Property division was not discretion abuse due to husband's gambling and personal funds wife gave to marriage. Husband could pay alimony, ending on wife's death or remarriage, but did not have to name her surviving retirement benefits beneficiary.
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