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| All Am. Termite & Pest Control, Inc. v. Walker, 1001363,
SUPREME COURT OF ALABAMA, April 12, 2002, Released
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Overview: As homeowner submitted his dispute to arbitration, and fully participated in proceedings without objection for 10 months, he waived his right to dispute validity of arbitration, and trial court abused its discretion in dismissing arbitration.
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| Auto-Owners Ins. Co. v. Holland, 2000990,
COURT OF CIVIL APPEALS OF ALABAMA, April 12, 2002, Released
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Overview: Trial court should have granted employer's insurer's motion for judgment as matter of law instead of submitting employee's underinsured motorist benefits claim to jury, as employee had already received workers' compensation for her injuries.
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| Crean v. Michelin N. Am., 2000788,
COURT OF CIVIL APPEALS OF ALABAMA, April 12, 2002, Released
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Overview: The trial court erred in failing to award an employee a penalty on workers' compensation benefit payments, because the order required to pay the installment payments in question, and the employer failed to make the payments.
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| Elliott v. Van Kleef, 1001395,
SUPREME COURT OF ALABAMA, April 12, 2002, Released
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Overview: Because exercise of general or specific in personam jurisdiction over lawyers would violate Due Process Clause, and rules of civil procedure, there was no extension of Alabama's in personam jurisdiction over lawyers.
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| Ex parte Jim Walter Homes, 1002188,
SUPREME COURT OF ALABAMA, April 12, 2002, Released
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Overview: House's location did not establish venue for claim that builder and mortgage buyer converted insurance proceeds for house; writ of mandamus directed transfer of venue from county where house was located to county of builder's principal office.
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| Ex parte Pritchett, CR-01-0887,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 12, 2002, Released
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Overview: Request to proceed in forma pauperis on postconviction petition was erroneously denied on ground that petition was frivolous. Writ of mandamus directed circuit court to consider in forma pauperis request based solely on petitioner's indigent status.
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| J.C. Bradford & Co. v. Vick, 1010280,
SUPREME COURT OF ALABAMA, April 12, 2002, Released
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Overview: NASD rules are designed primarily to regulate the conduct of NASD members, not contract formation; thus, NASD rules could not be used to void an otherwise valid and binding contract. Arbitration clause was not proven invalid.
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| Moore v. Crocker, 1992321,
SUPREME COURT OF ALABAMA, April 12, 2002, Released
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Overview: Trial court erred in granting summary judgment to officer in tort action where officer's arresting injured party outside county containing city employing officer exceeded his authority and therefore foreclosed claim of peace officer immunity.
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| State ex rel. S.M. v. A.H., 2001094,
COURT OF CIVIL APPEALS OF ALABAMA, April 12, 2002, Released
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Overview: The trial court erred in granting a father's motion to dismiss an action for paternity and child support; nothing in the record indicated that the mother or the State on her behalf was engaged in willful delay or contumacious conduct.
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| State v. Lewis, 2010011,
COURT OF CIVIL APPEALS OF ALABAMA, April 12, 2002, Released
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Overview: Trial court had jurisdiction to order delinquent sales tax installment payments, but no authority to order installment payments or to order payments for more than 12 months. State was entitled to have taxpayer enjoined from operating business.
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