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| Brattmiller v. Brattmiller, 2050120,
COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2007, Released
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Overview: Judgment was reversed as trial court erred in awarding wife portion of husband's military retirement benefits under Ala. Code § 30-2-51(b) as wife did not introduce any evidence establishing present value of husband's retirement benefits. Award of custody to husband was in children's best interests since wife verbally abused children while drunk.
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| C.M.M. v. S.F., 2051028,
COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2007, Released
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Overview: Custody award was affirmed as mother showed material change in circumstances as she had stopped using illegal drugs, kept job, maintained home, and ended romantic relationship based on child's best interest. Even if father met McLendon standard, trial court's factual findings that led to custody ruling were entitled to presumption of correctness.
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| Casey v. McConnell, 2060324 & 2060518,
COURT OF CIVIL APPEALS OF ALABAMA, June 1, 2007, Released
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Overview: Judgment was affirmed as jurisdiction was properly reserved to adjudicate fitness club owner's Alabama Litigation Accountability Act counterclaim under Ala. Code § 12-19-273(7) as owner timely filed motion to alter, amend, or vacate judgment, and judgment was vacated as to counterclaim, and final judgment as to customer's claims was directed.
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| Chapman v. Gooden, 1051712,
SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: Trial court erred in entering judgment requiring all felons otherwise qualified to vote be permitted to vote until a law was passed naming disqualifying felonies, that is, those involving moral turpitude; no justiciable controversy existed, as county registrars were no longer blocking felons from voting without regard to type of felony at issue.
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| Cherokee Ins. Co. v. Sanches, 1041763,
SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: As insurance policy was issued and delivered in Tennessee, that state's law applied. Therefore, policy's corroborative-evidence provision, which required insured to prove, by clear and convincing evidence, the facts of an accident involving "phantom vehicle" that did not hit his vehicle, was enforceable under Tenn. Code Ann. § 56-7-1201(e) (1994).
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| Corr v. Miller, Hamilton, Snider & Odom, LLC, 1060479,
SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: Because the doctrine of forum non conveniens, codified at Ala. Code § 6-3-21.1 did not apply to a suit filed against a law firm and three of its attorneys, the latter were entitled to mandamus relief directing that the order transferring the case be vacated.
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| Cottrell v. NCAA, 1041858 and 1050436, 1050437,
SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: While generally agreeing with trial court's rulings regarding a former football coach's defamation claims against a sportswriter, supreme court disagreed that the sportswriter's statement that the coach had abandoned his family was actionable because the statement was not slander per quod, and the coach did not establish that it was slander per se.
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| Easterwood v. State, 1051550,
SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: That State's witness, called to testify about sexual relationship he had with defendant when he was 11 and defendant was 19, was reluctant to testify to "humiliating details" of relationship and felt outnumbered by defendant's family and friends in courtroom, was not overriding interest under Waller test that justified total closure of courtroom.
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| Etowah County Civic Ctr. Auth. v. Hotel Servs., 1060065,
SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: Because the legislative journal supported the Alabama Legislature's determination that proper notice was given for a house bill authorizing a surcharge rooms rented for overnight lodging, as required by Ala. Const. art. IV, § 106, summary judgment in favor of the affected hotels, and against the county civic center authority was reversed.
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| Gray v. Metro. Prop. & Cas. Ins. Co., 1060767,
SUPREME COURT OF ALABAMA, June 1, 2007, Released
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Overview: Because an insurer and its agent ignored the essential element of the priority of a federal-court action against the insured over the state-court action, in light of their defective original complaint, and failed to show a clear legal right to an order dismissing the state-court action, their petition for a writ of mandamus was denied.
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