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   State Courts - Alabama - July 14, 2000

  
Cantrell v. Cantrell, 2990433, COURT OF CIVIL APPEALS OF ALABAMA, July 14, 2000, Released
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Overview: Deviation from child-support guidelines was improper when court failed to complete mandatory affidavit form. Short-term meager rehabilitative alimony award was reversed given wife's no appreciable skills and infant son.

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Ex parte Dan River, 1990894, SUPREME COURT OF ALABAMA, July 14, 2000, Released
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Overview: Where appellee presented no testimony indicating that he was diagnosed with byssinosis, it was error for the trial court to make a diagnosis that the medical experts were not willing to make in review of a workers' compensation matter.

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Ex parte Farmers Exch. Bank, 1990967, SUPREME COURT OF ALABAMA, July 14, 2000, Released
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Overview: In the absence of a specific request to the lender for information regarding defects, lender had no duty to inform or otherwise disclose to homebuyer known termite damage.

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Ex parte Inverness Constr. Co., 1981698 and 1981909, SUPREME COURT OF ALABAMA, July 14, 2000, Released
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Overview: Writ of mandamus was denied where petitioners had an adequate remedy by direct appeal, since mandamus was an extraordinary remedy and was not available when the petitioner had another adequate remedy.

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Ex parte Waples, 1990309, SUPREME COURT OF ALABAMA, July 14, 2000, Released
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Overview: Jury verdict for defendant in personal injury lawsuit was inconsistent with evidence presented where sufficient evidence was presented that defendant had duty, negligently caused accident, and plaintiff suffered compensable injuries.

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Ex parte Williams, 1990091, SUPREME COURT OF ALABAMA, July 14, 2000, Released
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Overview: A writ of mandamus issued to order the trial court to stay civil proceedings pending the outcome of a criminal investigation, where petitioner showed a reasonable apprehension of a risk of self-incrimination.

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Fowler v. Fowler, 2990310, COURT OF CIVIL APPEALS OF ALABAMA, July 14, 2000, Released
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Overview: Deviation from child-support guidelines was improper when court failed to complete mandatory affidavit form. When court awarded rehabilitative alimony, it was reversible error not to reserve right award periodic alimony in future.

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Green Tree Fin. Corp. v. Shoemaker, 1980978, SUPREME COURT OF ALABAMA, July 14, 2000, Released
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Overview: Where contract clause provided that all disputes arising from or relating to the financing agreement would be arbitrated, dispute involving invasion of privacy in manner of debt collection was within arbitration clause.

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Harris v. Jefferson County Bd. of Zoning Adjustment, 2990253, COURT OF CIVIL APPEALS OF ALABAMA, July 14, 2000, Released
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Overview: Zoning board was incorrect in its argument that variance it granted to property owners to operate boat-rental business on property located in a residential district altered zoning classification of subject property.

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Hays Corp. v. Bunge Corp., 1990375, SUPREME COURT OF ALABAMA, July 14, 2000, Released
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