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| Abston v. Estate of Abston, 2050961,
COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2007, Released
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Overview: Trial court erred in granting summary judgment to defendants in a son's action seeking a resulting trust over the proceeds of a sale of real estate, as the son's affidavit provided a triable issue of fact as to whether the son provided funds to purchase part of the property in question and placed title to the property in his father's name.
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| CitiFinancial Corp., L.L.C. v. Peoples, 1051519,
SUPREME COURT OF ALABAMA, May 18, 2007, Released
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Overview: Trial court erred in denying lenders' motion to compel arbitration and to stay proceedings pending arbitration, as the evidence did not show lenders waived their right to arbitrate, the question of who was authorized to decide arbitrability had to be decided by the arbitrator, and the borrower did not show arbitration provision was unconscionable.
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| Ex parte Wheeler, 1051788,
SUPREME COURT OF ALABAMA, May 18, 2007, Released
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Overview: Because project agreement that was obtained for second firm that represented property owners against state agency was not entitled to attorney-client privilege as first firm's member was not employed by the state at that time, no actual disclosure of confidential information occurred to create conflict of interest under Ala. R. Prof. Conduct 1.10.
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| Namphy v. Sheffield, 2060023,
COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2007, Released
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Overview: Judgment was reversed insofar as it found tenant in contempt for failure to pay sum as agreed order was ambiguous since it provided that tenant (should) pay that sum by August 7, 2006, and also suggested that tenant had option of paying sum to extend option to purchase building, or refraining from payment, in which case option would terminate.
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| Paw Paw's Camper City, Inc. v. Hayman, 1050873,
SUPREME COURT OF ALABAMA, May 18, 2007, Released
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Overview: Lapse of 10 months between commencement of buyers' suit and sellers' motion to compel arbitration, during which time both sides conducted extensive discovery, was substantial invocation of litigation process by sellers. And as buyers were prejudiced by participating in full-blown pretrial discovery, sellers waived right to arbitrate buyers' claims.
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| Ritter v. Grady Auto. Group, Inc., 1051362,
SUPREME COURT OF ALABAMA, May 18, 2007, Released
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Overview: Arbitration agreement was contemporaneous collateral agreement between car buyer and dealership, such that it was not barred by purchase contract's merger clause, as it was collateral in form; it did not contradict provisions of purchase contract; and it was not necessarily an agreement parties would naturally have included in purchase contract.
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| Sims v. Green Tree Ala., LLC, 2050563,
COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2007, Released
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Overview: Appeal was dismissed as Ala. R. Civ. P. 54(b) certification was improper since unresolved counterclaims related to actions or omissions by assignee of creditor that occurred before and when mobile home was removed, and resolved counterclaims related to such actions that occurred before home was removed. There was risk of inconsistent results.
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| Thompson v. Huntley, 2060125,
COURT OF CIVIL APPEALS OF ALABAMA, May 18, 2007, Released
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Overview: Because: (1) the trial court's failure to allow an inmate to take his own deposition had no effect on the disposition of the case, and, any error committed was harmless, and (2) the trial court did not err by failing to grant a continuance under Ala. R. Civ. P. 56(f) when none was requested, summary judgment against the inmate was upheld.
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| Title Max of Birmingham, Inc. v. Edwards, 1051140,
SUPREME COURT OF ALABAMA, May 18, 2007, Released
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Overview: Trial court erred in denying the loan company's motion to stay proceedings and to compel binding arbitration; the loan company and the customer agreed to arbitrate the issue of the validity and scope of the arbitration provision contained in the underlying pawn agreement and, thus, the trial court could not decide the issue of arbitrability.
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