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   State Courts - Alabama - March 26, 2004

  
Crider v. Misty Acres, Inc., 2021008, COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Decided
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Overview: Owners had standing and were proper parties to litigate their suit against various entities involved in construction of home as the suit was exempted from the owners' bankruptcy case when no one objected to their claim that it was exempt property.

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Douglas v. King, 1021360, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Overview: Applicant, who paid decedent's funeral expenses, was entitled to a preference to administer the estate, and the expenses he paid became a debt against the decedent's estate. Further, the decedent's sister waived any preferential status she had.

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Ex parte Brookwood Med. Ctr., Inc., 2030333, COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where an order compelling an employer to provide its employee with more than one panel of four physicians, such deprived the employer of its rights regarding the selection of a treating physician. Thus, the employer was granted mandamus relief.

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Ex parte Carter, 1021227, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Overview: Where the trial court instructed the jury on the elements of the crime charged and reasonable doubt, no additional circumstantial evidence instruction was required. In such a case, defendant's substantial rights were not injuriously affected.

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Ex parte Ga. Farm Bureau Mut. Auto. Ins. Co., 1011899, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Overview: As plaintiffs failed to show that defendant, a Georgia insurer, had minimum contacts with Alabama sufficient to confer in personam jurisdiction on an Alabama court, a writ of mandamus issued directing the trial court to dismiss the case.

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Ex parte Moody, 1022151, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Ex parte Osbon, 1022082, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Overview: Where husband's attorney in divorce case sought wife's mental health records from mental health authority, which was represented by attorney who was in husband's attorney's law firm, there was impermissible conflict of interest.

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Flowers v. State, CR-02-0906, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Trial court erred in summarily dismissing petitioner's postconviction relief petition from his capital murder convictions and death sentence; state supreme court's clarification of amended time limit made it clear petition was timely filed.

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Heaston v. Nabors, 2021126, COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where the parties did not address the issue of the finality of a trial court's orders and issues of contempt and attorney's fees were pending, the appeals were taken from a nonfinal judgment.

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Hoagland v. State, CR-02-0846, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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