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   State Courts - Alabama - May 11, 2001

  
Amie v. Conrey, 2000014, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Overview: Where the language in a divorce agreement was plain and unambiguous, the trial court could not "clarify" its meaning so as to contradict its actual plain meaning.

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Auburn Med. Ctr. v. E. Ala. Health Care Auth., 2990162, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Overview: Expiration of certificate of need (CON) for construction of hospital was tolled by appellee medical center's request for its own CON to build a surgery center in the same area.

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Auburn Med. Ctr. v. State Health Planning & Dev. Agency, 2990164, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Overview: Hospital was not entitled to judicial review of the review board's denial of its petition as it did not request review by a fair-hearing officer. Thus, the fair-hearing officer never ruled on the petition.

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B.D.B. v. State Farm Mut. Auto. Ins. Co., 2990114, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Overview: Pedestrian, a minor, did not live primarily with her father, and thus was not entitled to uninsured motorist benefits under her father's auto policy, as she did not fit the policy's definition of relative.

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Banks v. SCI Ala. Funeral Servs., 2000319, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Overview: Buyer of funeral services covered by insurance policy had duty to read document explaining purchase of items not covered would affect cost. Failure to do so precluded buyer's claim of fraudulent suppression in connection with the transaction.

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Bayles v. Marriott, 2991233, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Overview: Principal was exercising judgment about safety when she allowed other defendants to play a "sinking chair" practical joke on school's fellow employees; thus, principal was entitled to immunity on claims by coach who reinjured her back.

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Cain v. Saunders, 2991169, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Overview: Parol evidence was not admissible to vary terms of settlement agreement between knowledgeable parties, represented by counsel. Mutual mistake regarding value of property to be transferred did not make it ambiguous.

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Cranman v. Maxwell, 2970444, COURT OF CIVIL APPEALS OF ALABAMA, May 11, 2001, Released
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Ex parte Grayson, 1991310, SUPREME COURT OF ALABAMA, May 11, 2001, Released
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Overview: Defendant's capital murder conviction and death sentence were upheld, because the issues raised in his certiorari petition had been properly decided by the court of appeals, and there was no reversible error in the record.

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Ex parte Life Ins. Co., 1990932, SUPREME COURT OF ALABAMA, May 11, 2001, Released
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Overview: Insurance company was not liable for fraudulent suppression to agents for not disclosing potential sale of its business, when contract between company and agents allowed company to withdraw from policy sale at any time, upon written notice to agent.

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