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   State Courts - Alabama - May 3 - May 6, 2005

  
Birmingham-Jefferson Civic Ctr. Auth. v. City of Birmingham, 1031522, SUPREME COURT OF ALABAMA, May 3, 2005, Released
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Overview: Because judicial review of the issue whether the bills that became 2003 Ala. Acts 288 and 2003 Ala. Acts 357 received the favorable vote of a majority of each house would express a lack of the respect due that coordinate branch of government, the question presented was non-justiciable. Hence, the Alabama Supreme Court declined to decide it.

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A.A. v. Cleburne County Dep't of Human Res., 2030642, 2030643, 2030644, COURT OF CIVIL APPEALS OF ALABAMA, May 6, 2005, Released
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Overview: After finding grounds to terminate three parents' parental rights to their respective children, based on their lack of ability to be responsible parents and incidences of drug abuse and domestic violence, termination was proper, because no viable alternative existed in either the maternal grandparents or the mother's brother and his wife.

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Bedsole v. Goodloe, 1021356, SUPREME COURT OF ALABAMA, May 6, 2005, Released
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Overview: Because a second-amended complaint failed to state a justiciable claim, no reply was necessary. Thus, when a corporate COO replied to the first complaint and asserted claims in a second county action were acquired after he served that pleading, said claims were after-acquired claims, which qualified as original claims in any appropriate venue.

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Khalidi v. Weeks Family P'ship, 2030575, COURT OF CIVIL APPEALS OF ALABAMA, May 6, 2005, Released
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Overview: Where buyer had loan commitment to finance purchase of property and was ready to close on date agreed upon, but seller refused to close, insisting that buyer sign another agreement not referenced in sales contract, the buyer performed his obligation under the contract by tendering the purchase money and did not forfeit contract's earnest money.

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Medical Licensure Comm'n v. Herrera, 2030977, COURT OF CIVIL APPEALS OF ALABAMA, May 6, 2005, Released
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Overview: Trial court erred in reversing Alabama Medical Licensure Commission's order that revoked doctor's license as there was substantial evidence that doctor routinely ordered unnecessary diagnostic tests, routinely ordered unusual combinations or amounts of narcotic pain medicine, and practiced medicine in manner that endangered patients' health.

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