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| Burns v. Marshall, 1971823,
SUPREME COURT OF ALABAMA, March 24, 2000, Released
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Overview: The judgment of the probate court was reversed because the will contestant failed to present substantial evidence of forgery, undue influence by the proponent, or lack of testamentary capacity.
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| Dennis v. Dennis, 2981439,
COURT OF CIVIL APPEALS OF ALABAMA, March 24, 2000, Released
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Overview: Trial court's judgment regarding financial orders in divorce action was reversed, since husband had not filed an income statement, and the evidence did not support a finding that wife was a dependent former spouse.
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| E.P. v. McFadden, 2981128,
COURT OF CIVIL APPEALS OF ALABAMA, March 24, 2000, Released
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Overview: In a sexual misconduct action against a hospital, evidence that nurse included a statement in his application indicating he had manic depression created a triable issue of fact, warranting the reversal of summary judgment.
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| Ex parte King, 1981993,
SUPREME COURT OF ALABAMA, March 24, 2000, Released
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Overview: Defendant's motion to set aside default judgment improperly granted, because defendant failed to allege any facts in her motion to set aside which showed that defendant had a meritorious defense to the underlying claims.
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| Farmers Coop. of Ashford, Inc. v. People's Community Bank of Ashford, 1980763,
SUPREME COURT OF ALABAMA, March 24, 2000, Released
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Overview: Defendant bank entitled to summary judgment in plaintiff's action seeking to recover insurance payments and proceeds from sale of crops, because plaintiff did not obtain a valid, signed security agreement for the crops.
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| Goree v. Shirley, 2981238,
COURT OF CIVIL APPEALS OF ALABAMA, March 24, 2000, Released
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Overview: Record was insufficient to consider constitutionality of rule concerning taxing costs after refusal of offer of judgment, but defendant was permitted to recover costs incurred in defending action after refusal of such offer.
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| Hobbs v. Alabama Power Co., 1981160,
SUPREME COURT OF ALABAMA, March 24, 2000, Released
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Overview: Plaintiff was not allowed to maintain a fraud claim against defendant employer in addition to her workers' compensation claim where there was no clear and convincing evidence that defendant acted improperly or fraudulently.
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| Jones v. Lanthrip, 2990050 and 2990265,
COURT OF CIVIL APPEALS OF ALABAMA, March 24, 2000, Released
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Overview: Debtor's mere knowledge or awareness of potential claim and debtor's failure to include claim as asset on bankruptcy schedules filed with court, without more, were not sufficient to invoke doctrine of judicial estoppel.
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| Kaiser Pools v. Cantwell, 2981390,
COURT OF CIVIL APPEALS OF ALABAMA, March 24, 2000, Released
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Overview: Where appellee failed to prove his damages claim in accordance with the diminished-value principle and the court was unable to determine from the record the value of the pool, judgment for appellee was reversed.
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