Alabama, May, 2006, State Case law | lexisONE® Community

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State Courts - Alabama - May 5, 2006

B.H. v. State, CR-04-0506, COURT OF CRIMINAL APPEALS OF ALABAMA, May 5, 2006, Released
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Overview: Trial court did not err in finding juvenile enticed five-year-old niece in violation of Ala. Code ? 13A-6-69, as victim's testimony showed he had done so and his admission to a detective corroborated that testimony, but sodomy charge pursuant to Ala. Code ? 13A-6-63 was unsupported because evidence of physical force or express threat was absent.

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Baldwin County Elec. Mbrshp. Corp. v. Catrett, 1040371, 1040362, SUPREME COURT OF ALABAMA, May 5, 2006, Released
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Overview: Trial court did not err in granting individual members' request for a preliminary injunction aimed at protecting individual members' voting rights; individual members were entitled to maintain their action directly, rather than derivatively, because the individual members were seeking relief that benefitted them, and not the electric cooperative.

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Ex parte Lary, 1050229, SUPREME COURT OF ALABAMA, May 5, 2006, Released
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Overview: Affirmance of dismissal of physician's suit was reversed as physician satisfied burden of pleading claim for violating TCPA based on doctrine of vicarious liability where he provided alternative averments that corporation "itself" did wrongful act or, in alternative, that corporation engaged others to send unsolicited advertisement on its behalf.

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Johnson v. Gary L. Jester, P.C., 2040799, COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2006, Released
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Overview: Trial court erred in granting summary judgment to a law firm as to its claims against a client seeking to recover fees allegedly owed by the client, as the trial court erred in weighing and rejecting the client's testimony while ruling on the motion for summary judgment and because the client's testimony presented a triable issue of fact.

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Nesbitt v. Frederick, 1040060, SUPREME COURT OF ALABAMA, May 5, 2006, Released
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Overview: Trial court properly granted summary judgment to home sellers and appraisers where home buyers sued them; home buyers did not show genuine issue of material fact existed regarding claim against home sellers for fraudulent misrepresentation or fraudulent suppression, and home buyers did not show reasonable reliance on appraisers' report.

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Peerless Landfill Co. v. Haleyville Solid Waste Disposal Auth., 2040734, COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2006, Released
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Overview: Since the indemnity provision of the parties' contract unambiguously obligated landfill operators to indemnify the waste disposal authority that owned the landfill only if the operators committed an act of negligence or intentional tort, it was error to grant the authority partial summary judgment the issue of the operators' indemnity obligations.

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Schiesz v. Schiesz, 2041024, COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2006, Released
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Overview: Pursuant to Ala. R. Jud. Admin. 32(B)(5), a circuit court properly imputed income to a father for voluntary underemployment and it properly ordered him to pay a child support arrearage; since the parties' combined income exceeded $10,000 per month, discretion existed under Ala. R. Jud. Admin. 32(C)(1) in establishing child support obligations.

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Serio v. Merrell, Inc., 1041815, SUPREME COURT OF ALABAMA, May 5, 2006, Released
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Overview: Trial court properly granted summary judgment to a company as to plaintiff's negligence claims, as the company presented evidence to show that the plaintiff was contributorily negligent in an auto accident, and plaintiff's claim that a truck driver was speeding was not sufficient to refute the showing of contributory negligence.

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W.H. v. J.R.O., 2050026, 2050040, COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2006, Released
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Overview: Though child was living with paternal grandparents after parents' incarceration, juvenile court should have held hearing on maternal grandparents' petition alleging of dependency under Ala. Code ? 12-15-1(10); all sworn testimony tended to establish dependency, and a hearing on merits was anticipated by Ala. Code ? 12-15-65.

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Ware v. Timmons, 1030488, SUPREME COURT OF ALABAMA, May 5, 2006, Released
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Overview: Trial court committed reversible error by instructing a jury that it could find an anesthesiologist vicariously liable for a nurse's actions in removing a breathing tube following surgery on a child, as there was no evidence that the anesthesiologist had any role in choosing the nurse for the particular surgery in his individual capacity.

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