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   State Courts - Alabama - May 11, 2007

  
Ala. Dep't of Envtl. Mgmt. v. Legal Envtl. Assistance Found., Inc., 2060026, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Trial court erred in concluding legal foundation was injured by state environmental management commission's dismissal of legal foundation's hearing request; legal foundation's complete lack of injury or threatened injury meant that it lacked standing before trial court and that trial court lacked subject-matter jurisdiction to consider the case.

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City of Birmingham v. George, 2050179, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Trial court properly awarded workers' compensation benefits to an employee of a city, as the city was subject to the Workers' Compensation Act pursuant to Ala. Code § 25-5-13(b) because the city had a population of more than 250,000 as of the last decennial federal census.

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Cupp v. Cupp, 2051046, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Judgment was reversed as there was insufficient evidence of material change in circumstances as mother had begun working full-time before modification petition was filed, mother had moved into her own apartment, mother's move from Washington to North Carolina did not affect child's welfare, and parties' remarriages did not affect child's welfare.

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Dunn v. Dunn, 2050728, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Given the deference afforded the trial court's judgment when ore tenus evidence was presented in a custody matter, together with recommendations of a guardian ad litem and a psychologist, a father had not shown the trial court exceeded its discretion in awarding him custody of the parties' older child and the mother custody of the younger child.

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GE v. Baggett, 2050469, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Judgment was reversed as it was error to award compensation to an employee outside the compensation schedule established in Ala. Code § 25-5-57(a)(3) as the fact that the employee also experienced pain in his right knee did not remove his left-knee injury from the schedule because the "loss" of two legs was itself a scheduled injury.

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Gerthoffer v. Ala. Dep't of Corr., 2051050, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Case was transferred to criminal appellate court as inmate did not enjoy statutory right of judicial review provided by Ala. Code § 41-22-20(a) of Alabama Administrative Procedure Act (AAPA), because Ala. Code § 41-22-3(9)g.1. excluded from definition of "rules" to which AAPA applied any actions relating to conduct of inmates.

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Key v. Ellis, 2051020, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Owners' landlocked tract had once been part of same parcel as adjoining tract. Their right to seek an easement by necessity over that tract did not preclude them from condemning right-of-way across different property under Ala. Code § 18-3-1, as a presumption of a right to an easement by necessity was not same as an unquestioned right of access.

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Peden v. Peden, 2050924, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Under Ala. Code § 10-8A-203, former husband had no individual interest in property owned by his partnership, and it thus never became marital property. As partnership deeded an interest in the property solely to his former wife, it became her separate property under their antenuptial agreement, regardless of source of funds she used to acquire it.

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Poffenbarger v. Merit Energy Co., 1041707, SUPREME COURT OF ALABAMA, May 11, 2007, Released
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Overview: Where property owners sued an energy company for contaminating their real property, as the clean-up costs exceeded the fair market value of the property, the appropriate measure of compensatory damages was the diminution in the property's fair market value caused by the contamination.

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S.A.T. v. E.D., 2060164, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2007, Released
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Overview: Because there was nothing in the record to establish that either the father or the mother registered a Texas child-support judgment in Alabama, under UIFSA, the juvenile court could not exercise subject-matter jurisdiction over the issue of child support.

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