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   State Courts - Alabama - May 23, 2003

  
Auburn Univ. v. Advertiser Co., 1002096, SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Overview: Summary judgment and an injunction were improper where university board of trustees did not violate the sunshine law. It could meet in executive session regarding honorariums and the attorney-client privilege applied to litigation discussions.

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Conseco Fin. Corp. v. Burgess, 1012108, SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Crowson v. Woolard Bros., 2020242, COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Where a trial court lacked authority to set aside a prior judgment regarding an employee's disability, the attempt had no legal effect; therefore, the original judgment remained the trial court's final judgment.

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Ex parte Citizens Bank, 1010786, 1010285 and 1010951, SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Overview: Bank was not entitled to judgment relief for juror disqualification, as it did not timely investigate issue, but trial court had no jurisdiction to award judgment creditor attorney fees for post-appeal motion seeking relief, so mandamus was proper.

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Ex parte Eubank, CR-02-0709, COURT OF CRIMINAL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Petition for writ of mandamus was not proper way of reviewing whether trial court's rulings were proper, but petition was properly used to review request to recuse trial judge who filed state bar complaint against attorney who was a defendant.

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Ex parte Patel, 1020364, SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Overview: Where defendant had not been indicted for a capital offense, there was no presumption of her guilt; therefore, because the trial court erred in denying bail, it was directed to set bail in a reasonable amount.

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Ex parte Robinson, CR-02-1153, COURT OF CRIMINAL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: As a prisoner never received notice of the denial of his postconviction petition, he was unable to file a timely notice of appeal; a writ of mandamus directing the judge to reissue a new order was granted.

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Ex parte Wash. Mut. Fin., LLC, 1021044, SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Foley v. Foley, 2010311, COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Funliner of Ala., L.L.C. v. Pickard, 1012411, SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Overview: Trial court exceeded its discretion in certifying the plaintiffs' claims for class treatment, in certifying two defendant classes, and in issuing a preliminary injunction in conjunction with the class-certification orders.

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