Alabama, May, 2006, State Case law | lexisONE® Community

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State Courts - Alabama - May 12, 2006

Meyer v. Meyer, 2040486, COURT OF CIVIL APPEALS OF ALABAMA, May 12, 2006, Released
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Overview: As provision in divorce agreement that awarded former wife that percentage of former husband's military retirement pay to which she was "mandatorily entitled" under the Uniformed Services Former Spouses' Protection Act --which was zero -- was unambiguous, court erred by reforming agreement on basis of ambiguity to award her 32 percent of such pay.

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Perkins v. Shelby County, 2040409, COURT OF CIVIL APPEALS OF ALABAMA, May 12, 2006, Released
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Overview: In action for declaration of landowners' rights in certain property, trial court erred in granting summary judgment to county where it failed to determine primary issue, whether subject deed was valid, and, if so, whether landowners obtained interest in right-of-way, or that deed was valid and interest was subject to condition in favor of county.

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Pinigis v. Regions Bank, 1041905, SUPREME COURT OF ALABAMA, May 12, 2006, Released
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Overview: Summary judgment for a bank on an executrix's claim that the bank paid unauthorized checks from the decedent's account was reversed, and the cause was remanded for further proceedings because the trial court erred in applying the bar of Ala. Code ? 7-4-406(f) to the executrix's claim as it was not adequately pleaded under Ala. R. Civ. P. 8(c).

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Prowell v. Children's Hosp., 1041131, 1041493, SUPREME COURT OF ALABAMA, May 12, 2006, Released
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Overview: In a medical malpractice case involving a child who died of complications from anesthesia, the giving of a certain instruction was reversible error. The charge did not allow the jury to determine whether a physician breached the applicable standard of care by failing to verify herself that the child was properly ventilated.

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UBS Fin. Servs. v. Johnson, 1041161, SUPREME COURT OF ALABAMA, May 12, 2006, Decided
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Overview: When a signatory and a stockbroker executed a contract, the signatory's sister, who had not signed the contract but who traded through the account, was not bound by its arbitration clause under the Federal Arbitration Act. She was not a third-party beneficiary because the parties to the contract had not intended to bestow a direct benefit upon her.

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Watts v. Watts, 1041629, SUPREME COURT OF ALABAMA, May 12, 2006, Released
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Overview: Because a wife failed to establish that a genuine material fact existed as to whether a $ 150,000 loan from her mother to her and her husband to form a business was a corporate liability, which the divorce decree assigned to the husband, or was a loan to each of them individually, summary judgment in the wife's favor on this issue was reversed.

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