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| Access Capital, Inc. v. Uptown, Inc., 2020300,
COURT OF CIVIL APPEALS OF ALABAMA, May 9, 2003, Released
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Overview: Trial court erred by dismissing an action which an assignee filed against a corporation to recover money which the corporation allegedly owed to an assignor because the assignee did not name the assignor and another person as parties in its lawsuit.
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| Applegate v. Applegate, 2011144,
COURT OF CIVIL APPEALS OF ALABAMA, May 9, 2003, Released
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Overview: The trial court erred in awarding to the wife a percentage of the husband's pension, as the wife failed to present the necessary evidence of the present valuation of the benefits and the portion of those benefits acquired prior to the marriage.
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| Bagley v. Mazda Motor Corp., 1011498,
SUPREME COURT OF ALABAMA, May 9, 2003, Released
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Overview: Trial court did not err in excluding an expert's testimony; however, summary judgment as to a used car seller on a breach-of-express-warranty claim was proper, but improper as to a breach-of-implied warranty claim.
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| Buco Bldg. Constructors, Inc. v. Myrick, 2011237,
COURT OF CIVIL APPEALS OF ALABAMA, May 9, 2003, Released
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Overview: An employee did not show his employer agreed to accept a part of the employee's settlement of a third-party claim as full payment of the employee's obligation to reimburse the employer for any future medical payments it made on the employee's behalf.
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| Buford v. Buford, 2020163,
COURT OF CIVIL APPEALS OF ALABAMA, May 9, 2003, Released
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Overview: Trial court properly found that a common law marriage existed between the parties; the evidence, including the facts that the parties had a child and that the wife used the husband's name, indicated that the husband assented to a marriage.
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| Coleman v. Coleman, 2020212,
COURT OF CIVIL APPEALS OF ALABAMA, May 9, 2003, Released
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Overview: Husband who was married in Alabama but lived in Tennessee after his marriage and was living in Mississippi when his wife filed divorce action in Alabama did not have sufficient contacts with Alabama for trial court to exercise jurisdiction over him.
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| Ex parte Hall, 1020355,
SUPREME COURT OF ALABAMA, May 9, 2003, Released
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Overview: Correcting perjured testimony would not have changed result, so new trial was unnecessary, and counsel's failure to discover perjury was not ineffective assistance. Finding defendant's statement was voluntary, despite parent's absence, was not error.
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| Ex parte Kia Motors Am., Inc., 1011037,
SUPREME COURT OF ALABAMA, May 9, 2003, Released
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Overview: Trial court abused discretion in denying manufacturers' motion to dismiss for forum non conveniens where 25 nonparty witnesses, rescue personnel, and personal representatives were Florida residents. Accident site and documents were also in Florida.
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| Ex parte Oliver, 1020424,
SUPREME COURT OF ALABAMA, May 9, 2003, Released
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Overview: Driver seeking mandamus to stay civil proceedings against him until related criminal proceedings were resolved did not show clear right to relief requested or that the trial court presiding over the civil proceedings had refused to grant such relief.
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| McGuffey Health & Rehab. Ctr. v. Gibson, 1020289,
SUPREME COURT OF ALABAMA, May 9, 2003, Released
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Overview: Patient's personal injury claim was arbitrable; contract that contained arbitration clause substantially affected interstate commerce. Part of patient's payments were out-of-state Medicare funds; nursing home materials came from out of state.
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