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| Bockman v. WCH, L.L.C., 1040305, 1040419,
SUPREME COURT OF ALABAMA, May 19, 2006, Released
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Overview: Where defendant foreclosed its first mortgage and bought the property at the foreclosure sale, it was entitled to charge the junior mortgagee interest on interest as a cost of redemption under Ala. Code § 6-5-253(a)(4), as the underlying note provided for such interest, and this agreement did not violate Alabama common law.
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| Horwitz v. Horwitz, 2040760,
COURT OF CIVIL APPEALS OF ALABAMA, May 19, 2006, Released
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Overview: Portion of judgment ordering that arrearage on husband's periodic-alimony payments terminated upon death of either party or remarriage of wife was reversed because arrearage was debt that could be collected in same way as other judgments and judgment did not terminate upon death of either party or remarriage of wife.
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| Spruell v. Ala. State Bd. of Pharm., 2040363,
COURT OF CIVIL APPEALS OF ALABAMA, May 19, 2006, Released
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Overview: A pharmacy board did not err in suspending licensees' practice for 30 years; minimum notice standards under Alabama Administrative Procedure Act, § 41-22-1 et seq., were met, and board found facts by preponderance of evidence under Ala. Code § 34-23-33 (1975). That board's secretary investigated charges did not show bias or a conflict of interest.
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| Tolar Constr., LLC v. Kean Elec. Co., 1041448, 1041510,
SUPREME COURT OF ALABAMA, May 19, 2006, Released
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Overview: Although a subcontractor was not awarded pre-judgment penalty interest under the Alabama Deborah K. Miller Act, Ala. Code § 8-29-1 et seq., the trial court having found that general contractor had a bona fide reason for withholding payment, the subcontractor was nonetheless entitled to attorney fees under Ala. Code § 8-29-6 as the prevailing party.
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