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   State Courts - Alabama - April 21, 2000

  
Carlisle v. Carlisle, 2981449, COURT OF CIVIL APPEALS OF ALABAMA, April 21, 2000, Released
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Overview: In action for modification of custody and child support orders, appeal from orders was dismissed because trial court had not resolved all of the issues pending before it.

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City of Birmingham v. Leberte, 1981172, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: Property owners' negligence claim against city for property's flood damage caused by city's failure to maintain water drainage system was not barred by res judicata because city's failure was not a permanent nuisance.

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Dally v. McHugh, 2990245, COURT OF CIVIL APPEALS OF ALABAMA, April 21, 2000, Released
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Overview: The father's devise of item a certain home and five-acres to one of the siblings created a factual issue as to whether that property was partnership property; thus, court improperly held it was partnership property.

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Ex parte Baker, 1980589, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: Trial court erred in admitting evidence of a robbery other than the one charged in order to prove identity, where the only similarities between robberies were that they took place at night and within 100 yards of each other.

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Ex parte Bowater, Inc., 1981708, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: Judgment for employer was proper. Evidence was such that fair-minded and impartial persons could reasonably conclude that plaintiff's misconduct was willful and therefore barred recovery under Workers' Compensation Act.

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Ex parte Bozeman, 1971759, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: Defendant's return from state to federal custody after he was arraigned on state firearms charges, but before he was tried on those charges, required dismissal of the charges under the Interstate Agreement on Detainers.

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Ex parte Drinkard, 1980662, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: Capital murder conviction and death sentence reversed and matter remanded for a new trial; it was error to allow evidence of other crimes and defendant was entitled to elicit remainder of conversation introduced by the State.

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Ex parte Ford, 1981651, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: Because worker made request to set aside agreement settling her workers' compensation claims against former employer more than 60 days after parties signed agreement, trial court did not have jurisdiction to set it aside.

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Ex parte Gulf States Steel, Inc., 1981872, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: Trial court erred in holding employer responsible for physician's bill for claimant's psychotherapy sessions, where record contained no evidence indicating claimant notified employer that he was having such sessions.

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Ex parte LifeUSA Ins. Co., 1981504, SUPREME COURT OF ALABAMA, April 21, 2000, Released
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Overview: In Alabama fraud case, petitioners were required to produce applications from Georgia sales because salesmen did not sell insurance products in Alabama until 1992 and discovery would have disclosed few, if any, applications.

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