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   State Courts - Alabama - April 16, 2004

  
Ala. State Pers. Bd. v. Hardeman, 2020856, COURT OF CIVIL APPEALS OF ALABAMA, April 16, 2004, Released
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Overview: Alabama State Personnel Board had statutory authority to find that there was a sufficient basis for dismissing an employee, yet reinstating him without back pay, as he did not receive sufficient notice of a pre-dismissal conference.

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Altmayer v. Stremmel, 1020952, SUPREME COURT OF ALABAMA, April 16, 2004, Released
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Overview: Appellate court lacked jurisdiction to hear appeal noted after appeal period expired as trial court's order purporting to extend time to appeal was entered after expiration of 30-day extension period permitted by Alabama Rules of Civil Procedure.

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BSI Rentals, Inc. v. Wendt, 2020648, COURT OF CIVIL APPEALS OF ALABAMA, April 16, 2004, Decided
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Overview: Trial court erred in entering judgment for renter on rental car company's breach of contract claim against renter, as rental car company proved its claim, including damages, and renter did not prove any affirmative defenses negated that claim.

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BT Secs. Corp. v. W.R. Huff Asset Mgmt. Co., L.L.C., 1021226, SUPREME COURT OF ALABAMA, April 16, 2004, Released
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Overview: Securities Litigation Uniform Standards Act of 1998 preempted management company's claims against financial firms as when alleged deceptive conduct occurred, common stock of company whose notes were purchased was listed on national stock exchange.

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Brown v. City of Huntsville, 1012183, SUPREME COURT OF ALABAMA, April 16, 2004, Released
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Overview: A trial court properly held that a utility had no duty to provide a subdivision with water service where the land was outside the city limits, and the landowner unilaterally revised his subdivision so that it would not be contiguous to the same.

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Ex parte L.A.C., 1030232, SUPREME COURT OF ALABAMA, April 16, 2004, Released
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Ex parte State Dep't of Human Res., 1020739, SUPREME COURT OF ALABAMA, April 16, 2004, Released
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Overview: In the termination of parental rights case, the trial court erred in taking judicial notice of the entire contents of the court files, including hearsay evidence, unless the hearsay evidence fell under an exception to the hearsay rule.

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Joe v. Joe, 2020989, 2020992, COURT OF CIVIL APPEALS OF ALABAMA, April 16, 2004, Released
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Overview: Trial court erred in refusing to substitute a wife's attorney, the wife's administrator, as a party in a previously filed garnishment action, which was pending against the husband's retirement account at the time of the wife's death.

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K.C. v. D.C., 2021205, COURT OF CIVIL APPEALS OF ALABAMA, April 16, 2004, Released
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Overview: Father voluntarily relinquished his custody rights where he allowed the child's grandparents to care for a child as parents for four years without taking on his parental role, even though the father visited the child and paid some expenses.

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M.D.L. v. M.R.C., 2030119, COURT OF CIVIL APPEALS OF ALABAMA, April 16, 2004, Released
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Overview: Appeals court reversed part of judgment that attempted to adopt parties' binding child support modification agreement but instead misstated three of four of its elements: out-of-state transportation, arrearage, and counseling payments.

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