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   State Courts - Alabama - May 4, 2001

  
Ex parte Wis. Physicians Serv. Ins. Corp., 1000546 and 1000553, 1000556, SUPREME COURT OF ALABAMA, May 4, 2001, Released
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Overview: It was not an abuse of discretion for the trial court to prohibit the videotaping of the parties' depositions. Petitions for writ of mandamus were denied.

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G.R.V. v. M.V., 2991154, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2001, Released
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Overview: Appellant father had produced substantial expert evidence indicating his child had been sexually abused while in the mother's care; the trial court's order denying modification of custody was a clear abuse of discretion.

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Gresham v. Gresham, 2991317, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2001, Released
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Overview: Trial court's failure to award periodic alimony reversed where order failed to preserve, as close as possible, the economic status quo of the parties after the divorce as it was during the marriage.

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Harris v. Shelton, 2991239, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2001, Released
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Overview: Co-guarantors were not entitled to contribution after paying off the balance of their defaulted loans where the parties' individual waivers of contribution agreements were executed at the same time and were construed as one contract.

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J.S. v. D.W., 2990431, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2001, Released
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Overview: Alabama statute which granted grandparents the right to visit their grandchild was unconstitutional as applied because it infringed upon the adopting party's fundamental right to parent.

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Johnson v. State, 2000557, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2001, Released
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Overview: Inmate's petition against prison officials alleging violations of his constitutional rights because the inmate was moved from a minimum security prison to a medium security prison was dismissed for failure to state a claim.

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Lewis v. Fraunfelder, 1982085, SUPREME COURT OF ALABAMA, May 4, 2001, Released
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Mackey v. Mackey, 2990986, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2001, Released
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Overview: Trial court had no authority to enter child support arrearage judgment based on retroactive modification. Statute permitted mandatory mediation upon motion by party, but trial court erred in ordering other party to pay its costs.

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Miller v. Archstone Cmtys. Trust, 2991397, COURT OF CIVIL APPEALS OF ALABAMA, May 4, 2001, Released
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Overview: Family could not use daughter's affidavit to create a genuine issue of material fact in a premises liability case after the mother, father, and daughter clearly testified in depositions that they did not know what caused their daughter to fall.

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Payton v. Monsanto Co., 1990918, SUPREME COURT OF ALABAMA, May 4, 2001, Released
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Overview: Defendant corporation's naked motion for summary judgment, unsupported by evidence refuting plaintiffs' allegations of continuing discharge of PCBs, as of the commencement of the action, was insufficient to shift the burden to plaintiffs.

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