Alabama, May, 2005, State Case law | lexisONE® Community

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State Courts - Alabama - May 13, 2005

Batain v. Batain, 2030907, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Because the trial court did not complete a child support guidelines form, as required by Ala. R. Jud. Admin. 32(E), and its child-support obligation did not correspond to either of the parties' forms, there was no basis to discern the trial court's child-support judgment; therefore, the case was remanded for further proceedings.

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Delphi Auto. Sys., L.L.C. v. Law, 2030445, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Because the trial court deferred entry of a judgment until the parties provided it with information of the amount of an Ala. Code ? 25-5-57(c)(1) setoff based on the employee's Social Security benefits, pursuant to Ala. R. Civ. P. 54(b), the employer's appeal was dismissed as being from a nonfinal judgment.

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Dolgencorp, Inc. v. Pounders, 2030658, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Retailer could not be liable to a customer on her false imprisonment claim, under the doctrine of respondeat superior, because insufficient evidence was presented that its employee instigated or participated in the alleged imprisonment after a police officer asked the customer to return to the store to complete a shoplifting investigation.

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McCollum v. Atkins, 2030806, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Because the testator's designation of his nephew as "alternate executor" evidenced an intent to appoint the nephew as a successor personal representative and did not create an irreconcilable conflict with any other part of the will, the trial court erred in granting the nephew's application to serve as a co-personal representative.

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Peden v. Fuller, 2030607, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Because Ala. Code ? 12-16-150 provided for challenges for cause of prospective jurors that were policyholders of a litigant's insurer and Ala. R. Civ. P. 47(a) permitted the parties to supplement juror examination, the trial court erred in disallowing any questions beyond the mere fact that jurors were policyholders.

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Reeves Rubber, Inc. v. Wallace, 2030947, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Given the evidence regarding the pain suffered by the employee after her injury and her resulting and increased disability, substantial evidence was presented as to legal and medical causation and regarding a permanent and total disability finding. However, an award of costs, lifetime benefits, and treatment by a certain doctor were reversed.

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S.B.U. v. D.G.B., 2031054, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Because none of the pleadings contained allegations that the child was dependent or that any emergency circumstances existed concerning custody, and the county department of human resources was not a party to the proceedings, the juvenile court lacked jurisdiction under Ala. Code ? 12-15-30(b)(1) to enter a judgment that would support an appeal.

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Wadsworth v. Thompson, 2031047, COURT OF CIVIL APPEALS OF ALABAMA, May 13, 2005, Released
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Overview: Because a neighbor presented a genuine issue of material fact as to the elements of adverse possession and the evidence was disputed as to whether the owner's family gave the neighbor's family permission to use the disputed strip of land, the trial court erred in granting summary judgment to the owner under Ala. R. Civ. P. 56(c)(3).

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