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| Beal Bank, SSB v. Schilleci, 1021223,
SUPREME COURT OF ALABAMA, April 23, 2004, Released
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Overview: Reduction of attorney fees mortgagee incurred in conducting a foreclosure sale was remanded because nothing in the record indicated that any of the time was excessive or redundant and the trial court failed to state its reasons for the reduction.
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| Burt v. Shield Ins. Co., 2030100,
COURT OF CIVIL APPEALS OF ALABAMA, April 23, 2004, Released
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Overview: Where the limits of a company's liability policy were available to the insureds, but they were unable to exhaust them, the trial court properly granted summary judgment to the insurer.
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| Corsino v. Corsino, 2020906,
COURT OF CIVIL APPEALS OF ALABAMA, April 23, 2004, Released
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Overview: Trial court should have granted husband's petition to modify support where, while husband's income had not changed since he entered the initial agreement, the business success he anticipated when he entered agreement had failed to materialize.
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| Duncan v. Windhover Condo. Ass'n, 2020956,
COURT OF CIVIL APPEALS OF ALABAMA, April 23, 2004, Released
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Overview: Fact issue as to whether a premises owner had notice of debris which allegedly caused an injured party's fall warranted reversal of a summary judgment order granted to it. But, due to the passage of time, a contractor was properly granted judgment.
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| Dzwonkowski v. Sonitrol of Mobile, Inc., 1030285,
SUPREME COURT OF ALABAMA, April 23, 2004, Released
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Overview: Trial court exceeded its authority in certifying as final a default judgment as to defendants' counterclaims for damages where damages had not been assessed, and appellate court lacked jurisdiction over plaintiff's appeal from a non-final judgment.
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| Ex parte Steelcase, Inc., 1030248,
SUPREME COURT OF ALABAMA, April 23, 2004, Released
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Overview: Where an employee left his employment due to his work-related injury, and thus left voluntarily and for good cause, the trial court was not limited in finding the employee permanently and partially disabled, but could find him totally disabled.
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| Harper v. Winston County , 1021433,
SUPREME COURT OF ALABAMA, April 23, 2004, Released
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Overview: County employer was properly granted summary judgment against a breach of contract claim asserted against it by one of its employees. However, whether a supervisor committed an assault and battery against that employee was a jury question.
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| Marshall v. Marshall, 2020710,
COURT OF CIVIL APPEALS OF ALABAMA, April 23, 2004, Released
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Overview: Trial court did not divorce the parties on the basis of adultery and did not err in calculating a husband's support obligation, but, it did err, considering the wife's required care of a disabled child, in failing to award her periodic alimony.
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| McCray v. State Farm Fire & Cas. Ins. Co., 1030305,
SUPREME COURT OF ALABAMA, April 23, 2004, Released
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Overview: As insureds and their mortgagee denied having received notices of cancellation of homeowner's policy, issue of proper mailing was for jury to decide; trial court thus erred in granting insurer summary judgment in insured's breach of contract suit.
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| Serra Chevrolet, Inc. v. Hock , 1030302, 1030303,
SUPREME COURT OF ALABAMA, April 23, 2004, Released
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Overview: Where lessee admitted that he signed vehicle lease but asserted that lessor and assignee had altered the lease or forged his signature to fraudulent lease, arbitration provision in lease admittedly signed was broad enough to cover this dispute.
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