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   State Courts - Alabama - May 16, 2003

  
Ala. Dep't of Pub. Safety v. Clark, 2020221, COURT OF CIVIL APPEALS OF ALABAMA, May 16, 2003, Released
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Overview: Driver was entitled to rescission of license suspension. Statute, stating that dismissal of drunk driving charge required rescission of license suspension, was passed after dismissal of driver's charge. It applied retroactively, as it was remedial.

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Anderson v. Ashby, 1011740, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Overview: Arbitration clause in a note and security agreement an illiterate consumer executed was unconscionable, and claim that execution of arbitration agreement in associated credit life insurance application was obtained by fraud presented a jury question.

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Bruner v. Geneva County Forestry Dep't, 1011658, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Overview: Trial court properly granted summary judgment against a lumberman and a lumber company on their detinue and declaratory judgment claims because they failed to show that they were entitled to the ownership of logs recovered from a river.

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Ex parte Anderson, 1020177, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Overview: Grant of summary judgment as to the denial of a conversion claim was reversed so that the possessors of a car could maintain the claim, but the denial of their negligence per se claim under the Alabama Abandoned Motor Vehicles Act was affirmed.

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Ex parte Lary, 1020661, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Ex parte Sawyer, 1020460, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Overview: Writ of mandamus was issued directing the circuit court to vacate an order that returned a transferred action to the circuit court because the circuit court had no authority to enter the order after the transfer.

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Ex parte Winn-Dixie Montgomery, Inc., 1020774, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Ex parte Wright, 1011921, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Fort Morgan Civic Ass'n v. Baldwin County Comm'n, 2010659, COURT OF CIVIL APPEALS OF ALABAMA, May 16, 2003, Released
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Overview: Record did not support county commission's judgment that two parcels of land were contiguous because developer had easement over land that separated its parcels, and commission's decision allowing parcels to be developed as one parcel was reversed.

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Holly v. Huntsville Hosp., 1000963, SUPREME COURT OF ALABAMA, May 16, 2003, Released
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Overview: In medical malpractice case, expert testimony that doctor breached standard of care was wrongly excluded, and jury was wrongly instructed as to applicable standard of care and that experts could not state that standard, injuring substantial rights.

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