Alabama, May, 2002, State Case law | lexisONE® Community

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State Courts - Alabama - May 24, 2002

City of Russellville Zoning Bd. of Adjustment v. Vernon, 1010331, SUPREME COURT OF ALABAMA, May 24, 2002, Released
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Overview: Zoning board of adjustment's (ZBA's) decision to deny landowner's application for variance so he could place mobile home on property was not arbitrary even though ZBA had allowed owner to install mobile home on same property three years earlier.

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Drummond Co. v. Bonner, 2010111, COURT OF CIVIL APPEALS OF ALABAMA, May 24, 2002, Released
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Overview: Employee's workers' compensation claim was not barred by doctrine of judicial estoppel where employer had shown no prejudice as result of employee's failure to list workers' compensation claim as a potential asset of bankruptcy estate.

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Ex parte Am. Color Graphics, Inc., 1010180, SUPREME COURT OF ALABAMA, May 24, 2002, Released
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Overview: In bench trial on employee's claim for permanent disability benefits under Alabama Workers' Compensation Act, trial court erred by admitting reports submitted by three doctors and two psychologists who evaluated employee but did not testify.

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Ex parte Conners, 1010939, SUPREME COURT OF ALABAMA, May 24, 2002, Released
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Ex parte Southeast Ala. Med. Ctr., 2001298, COURT OF CIVIL APPEALS OF ALABAMA, May 24, 2002, Released
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Overview: Appeals court denied employer's mandamus petition to order circuit court to vacate its order that employer authorize workers' compensation benefits for medically necessary surgery; employee did not have to exhaust utilization review procedures.

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Gov't Emples. Ins. Co. v. Capulli, 2000869, COURT OF CIVIL APPEALS OF ALABAMA, May 24, 2002, Decided
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Overview: Appeals court affirmed judgment that driver's insurer was to bear its share of driver's passenger's attorney's fee for settlement (that included insurer's subrogation claim) obtained from other driver under equitable common-fund doctrine.

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H.H.B., L.L.C. v. D & F, L.L.C., 1001925, 1002011, SUPREME COURT OF ALABAMA, May 24, 2002, Released
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Overview: Trial court erred in finding city council's decision to deny rezoning to be arbitrary and capricious where landowner's application to amend zoning ordinance was fairly debatable. Neighbor had standing to intervene and to appeal judgment.

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ITT Specialty Risk Servs. v. Barr, 1000618, SUPREME COURT OF ALABAMA, May 24, 2002, Released
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Overview: Employee showed clear and convincing evidence that, if believed, supported her claim for fraudulent suppression where, inter alia, only the third party administrator knew of its policies, which the employee could not discover elsewhere.

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Jester v. Jester, 2010112, COURT OF CIVIL APPEALS OF ALABAMA, May 24, 2002, Released
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Overview: Trial court failed to follow appellate court's instructions on remand and erred in its calculations of reserve alimony due to wife determining total annual excess taxable income over $ 72,000 rather than calculating each month separately.

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Lacy v. Mini Warehouse World, 1010878, SUPREME COURT OF ALABAMA, May 24, 2002, Released
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Overview: The bailee did not prove that its second notice, pursuant to which the sale of the bailor's storage unit's contents was actually conducted, had been mailed to the bailor's home address.

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