Alabama, May, 2007, State Case law | lexisONE® Community

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State Courts - Alabama - May 4, 2007

Boise Cascade Corp. v. Jackson, 2051041, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2007, Released
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Overview: An employee could not recover nonscheduled disability benefits under Ala. Code ? 25-5-57(a)(4) on the basis of complaints of back pain in the absence of a showing that an injury to his foot had caused a permanent physical injury to his back, based on precedent and authority from other jurisdictions.

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Ex parte Clemons, 1041915, SUPREME COURT OF ALABAMA, May 4, 2007, Released
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Overview: Though death row inmate failed to raise claim of ineffective assistance of trial counsel in his Ala. R. Crim. P. 32 petition for post-conviction relief, as State waived Ala. R. Crim. P. 32.2's nonjurisdictional procedural bar by not objecting, intermediate appellate court erred by sua sponte applying Rule 32.2 and denying that claim.

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Ex parte Healthsouth Corp., 1060296, SUPREME COURT OF ALABAMA, May 4, 2007, Released
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Overview: Ala. Code ? 40-10-160, providing for tax refunds based on a "mistake" or "error," did not permit a refund when the taxpayer's overpayment resulted from its intentionally false statements as to the value of nonexistent assets, as the terms "error" or "mistake" did not contemplate dishonest activity.

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Green v. Estate of Nance, 2050833, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2007, Released
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Overview: Daughter was granted mandamus relief from an order denying her an inventory of the assets of her mother's estate, as such requirement was not expressly exempted from the will. But, because denial of the daughter's motion for payment of her distributive share was improperly certified as a final judgment, this portion of her appeal was dismissed.

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Lunsford v. Jefferson County, 1050253, SUPREME COURT OF ALABAMA, May 4, 2007, Released
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Overview: Because a provision within Ala. Code ??35-9-14 deprived a county of the right to impose liens on landlords for charges for sewer services incurred in the name of a tenant and clearly conflicted with the Ala. Const. amend. 73, the amendment controlled, and the statute was properly declared unconstitutional.

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M.E. v. Shelby County Dep't of Human Res., 2050806, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2007, Released
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Overview: A judgment terminating a mother's parental rights pursuant to Ala. Code ? 26-18-7 was affirmed, as the evidence indicated that the mother routinely engaged in physically abusive relationships, and at the time of the entry of the judgment terminating her parental rights, the children had been in agency custody for almost two years.

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Noland Health Servs. v. Wright, 1060061, SUPREME COURT OF ALABAMA, May 4, 2007, Released
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Overview: As neither decedent nor authorized representative signed nursing homes admission contract, complaints claim that home breached contract did manifest estates assent to contract, as its malpractice claims were governed by terms of Alabama Medical Liability Act of 1987, not by contract. Thus, estate was not bound by contracts arbitration clause.

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Olson v. State, 2050648, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2007, Released
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Pitts v. Jim Walter Res., Inc., 2050125, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2007, Released
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Overview: While an appeal from the second of two brothers was dismissed as untimely filed, the trial court erred in excluding relevant evidence injuriously affecting the first brother's right to have the jury apprised of the full measure of damages on his breach of contract claim, entitling him to a new trial on remand.

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Salter v. State , 2050539, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2007, Released
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Overview: Because an individual lacked standing to assert that the Community Notification Act, Ala. Code ? 15-20-20 et seq., violated his marital, property, and employment rights, and as the Act could not be considered a punitive statute to violate either the Ex Post Facto or Double Jeopardy Clause, summary judgment was properly entered against him.

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