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   State Courts - Alabama - May 10, 2002

  
Ala. Classic Homes, Inc. v. Wickes Lumber Co., 2001111, COURT OF CIVIL APPEALS OF ALABAMA, May 10, 2002, Released
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Overview: Summary judgment in contract dispute was error where issue remained as to whether non-conforming goods were delivered, and whether homebuilder notified lumber company of the same within a reasonable time. On these issues, remand was ordered.

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Bessemer State Tech. College v. Hosea-Studdard, 2001228, COURT OF CIVIL APPEALS OF ALABAMA, May 10, 2002, Released
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Overview: Trial court's affirmance of hearing panel's decision reversing college's termination of employee was error because appellate decision upon which hearing panel relied had been reversed, so trial court did not apply law as it existed.

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Ex parte Hutcherson, 1010421, SUPREME COURT OF ALABAMA, May 10, 2002, Released
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Overview: State failed to show legal right to mandamus where its right to appeal final judgment provided it with adequate remedy at law by which to challenge denial of its motion to dismiss defendant's mandamus petition.

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Ex parte Jackson, 1981723, SUPREME COURT OF ALABAMA, May 10, 2002, Released
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Overview: Defendant's admission was properly admitted where officer's lie did not induce him to confess to a crime. Trial court properly overruled life imprisonment recommendation, and death sentence was not a result of bias, passion, or prejudice.

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J.W. v. D.W., 2000221, COURT OF CIVIL APPEALS OF ALABAMA, May 10, 2002, Released
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Overview: Mother did not preserve her objections to evidence admitted in support of paternal grandparents' petition for child custody or to their motion to intervene, granted on day of trial. Award of custody to grandparents was not plainly erroneous.

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Livingston v. Livingston, 2001127, COURT OF CIVIL APPEALS OF ALABAMA, May 10, 2002, Released
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Overview: Judgment in divorce proceeding was reversed where record did not indicate that wife was bona fide resident of Alabama for six months before filing divorce complaint under Alabama law.

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Offenbecher v. Baron Servs., 2000025, COURT OF CIVIL APPEALS OF ALABAMA, May 10, 2002, Released
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Overview: Circuit court erred in accepting corporation's valuation expert's opinion on a facially neutral marketability discount where such resulted in a squeeze-out merger to the minority shareholder's detriment, causing remand.

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Providence Hosp. v. Mabins, 2010164, COURT OF CIVIL APPEALS OF ALABAMA, May 10, 2002, Released
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Overview: As trial court's order failed to set forth any findings of fact and conclusions of law as to whether employee's cervical injury was related to her workplace injury, its judgment was reversed.

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Schwartz v. Schwartz, 2010136, COURT OF CIVIL APPEALS OF ALABAMA, May 10, 2002, Released
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Skinner v. State, CR-00-0817, COURT OF CRIMINAL APPEALS OF ALABAMA, May 10, 2002, Released
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Overview: Where defendant was timely charged, but the charges were withdrawn for a few years after he fled, the statute of limitations did not bar their reinstatement; enhanced sentences were applicable to attempted drug crimes.

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