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| Campbell v. Campbell, 2030437,
COURT OF CIVIL APPEALS OF ALABAMA, April 22, 2005, Released
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Overview: Given a husband's timely Ala. R. Civ. P. 60(b), because the trial court failed to consider whether (1) he had a meritorious defense; (2) the wife would be unfairly prejudiced if the default judgment was set aside; and (3) the default judgment was a result of the husband's own culpable conduct, the matter was remanded for consideration of the same.
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| Ex parte Mullins, 1040239,
SUPREME COURT OF ALABAMA, April 22, 2005, Released
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Overview: Because the trial court had thrice recognized that defendant had reserved his right to appeal the denial of his suppression motion, it erred in finding otherwise. Moreover, the Court of Criminal Appeals erred in dismissing his appeal from said order, requiring remand to that court to consider the merits of defendant's appeal.
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| Fowler v. CEC Entm't, 2040181,
COURT OF CIVIL APPEALS OF ALABAMA, April 22, 2005, Released
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Overview: Because an injured party failed to show that her fall resulted from a defective step on a restaurant's premises, that resulted from its negligence of which it had or should have had notice, she failed to prove the restaurant's liability. Further, because the step did not exist when the lease on the premises was signed, the lessor was not liable.
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| Gunter v. Gunter, 2030709, 2030756,
COURT OF CIVIL APPEALS OF ALABAMA, April 22, 2005, Released
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Overview: Because a daughter had an interest in personal property subject to distribution in a divorce proceeding, the trial court erred in denying her father's motion to allow her intervention and appoint her a guardian ad litem. Further, given newly discovered evidence of a wife's perjury, adultery, and sale of drugs, the husband was entitled to a hearing.
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| Marks v. Tenbrunsel, 1031515,
SUPREME COURT OF ALABAMA, April 22, 2005, Released
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Overview: Patient's suit against a psychologist arising out of the psychologist's report of child abuse admitted by the patient was properly dismissed as the psychologist was permitted to report the abuse under Ala. Code ¿¿26-14-4 and the psychologist was immune from liability for breach of a promise of confidentiality under Ala. Code ¿¿26-14-9.
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