Alabama, April, 2009, State Case law

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State Courts - Alabama - April 24, 2009

Abernant Fire Dep't v. Rhodes, 2070516, COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: In an action involving a fire department's lease, the trial court did not err by awarding the lessor and his wife, an attorney fee. The fire department had not provided any authority compelling a conclusion that a material breach of the lease was required in order to entitle the lessor and his wife to an attorney fee under the lease.

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Adams v. Adams, 2070895, COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: There was sufficient evidence to support a trial court's determination in a custody modification proceeding that a mother was not a credible witness, and that the father met the standard of proof required to support an award of custody of the parties' children to him; the trial court's findings of fact were sufficient for review purposes.

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Brown v. Brown, 2080018, COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: As a document purporting to revoke a will was intended to take effect immediately, not upon the decedent's death, and it did not determine the disposition of the decedent's property after his death, it was not a "subsequent will" and thus did not meet Ala. Code ? 43-8-136's requirements to revoke the will.

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Campbell v. Campbell, 2070724, COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Overview: In divorce action, alimony award was upheld where trial court implicitly rejected husband's cohabitation claim and amount was based on husband's superior level of work experience and relative assets of parties. Award to wife of 42 % of husband's military benefits was supported by finding parties were married 18 of husband's 21 years of service.

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Cooper v. Cooper, 2080210, COURT OF CIVIL APPEALS OF ALABAMA, April 24, 2009, Released
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Ex parte Carruth, 1071618, SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Overview: Order granting inmate's postconviction relief motion to file out-of-time petition for writ of certiorari to the Supreme Court of Alabama was error because proper means to request such permission was to make the request in an Ala. R. App. P. 2(b) motion in the Supreme Court of Alabama and not in postconviction relief petition in the trial court.

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Ex parte Guaranty Pest Control, 1080386, SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Overview: Mandamus was granted as to part of discovery order requiring production of more documents than were requested. Writ was denied as to claims of undue burden or hardship; issue was moot--affidavit was admissible under Ala. R. Evid. 801(d)(2)(A), and authority was not cited as required by Ala. R. App. P. 212(a)(1)(D) and 28(a)(10).

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Ex parte Hise, 1080594, SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Ex parte Laakkonen, 1080650, SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Ex parte McCullough, 1070438, SUPREME COURT OF ALABAMA, April 24, 2009, Released
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Overview: As a victim's testimony merely confirmed the way and manner in which a burglary was committed, but which was neutral insofar as defendant's connection with the crime was concerned, under Ala. Code ? 12-21-222, it was not sufficient corroboration of the testimony of defendant's alleged accomplice to warrant submission of the case to the jury.

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