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| D.B. v. M.A., 1060077, 1060529,
SUPREME COURT OF ALABAMA, June 15, 2007, Released
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Overview: Though Nebraska, not Alabama, had jurisdiction over custody of biological father's child, as adoptive couple had not received proper notice of Nebraska custody proceedings under Parental Kidnapping Prevention Act, 28 U.S.C.S. § 1738A, or under Alabama's or Nebraska's version of UCCJEA, father's Nebraska custody order was not enforceable in Alabama.
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| Ex parte Barton, 1050303,
SUPREME COURT OF ALABAMA, June 15, 2007, Released
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Overview: State supreme court denied petition for writ of mandamus filed by petitioner alleging trial court should vacate its order denying his motion to dismiss based on alleged lack of personal jurisdiction over him; he did not show clear right to such relief, as he was allegedly involved in conspiracy to defraud Alabama residents despite living in Utah.
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| Ex parte Farley, 1051730, 1051740,
SUPREME COURT OF ALABAMA, June 15, 2007, Released
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Overview: Because the trial court properly found that a bank account held by a widower and his deceased wife was not one that was held jointly with a right of survivorship, and the widower's due process rights were not violated, said order was upheld. Further, since he had an adequate remedy from said finding through an appeal, mandamus relief was denied.
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| Ex parte Silver Chiropractic Group, 1050980,
SUPREME COURT OF ALABAMA, June 15, 2007, Released
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Overview: Because the residence of the individual members of a chiropractic group, the location where the acts or omissions complained of allegedly occurred, and the location of where the licensor of the group did business for purposes of Ala. Code § 6-3-7 were all in Montgomery County, a writ of mandamus issued directing that venue be transferred there.
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| Filer v. Owings, 2060311,
COURT OF CIVIL APPEALS OF ALABAMA, June 15, 2007, Released
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Overview: Because a mother's complaint seeking registration of a 1997 foreign money judgment was filed well within the 20-year period that Alabama allowed for enforcement under Ala. Code § 6-2-32, the trial court erred in denying her complaint seeking to register that judgment in the State of Alabama.
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| Hurley v. Hurley, 2050802,
COURT OF CIVIL APPEALS OF ALABAMA, June 15, 2007, Released
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Overview: Contrary to former wife's contention, trial court properly considered net income former husband received from pizza franchises as self-employment income under Ala. R. Jud. Admin. 32(B)(3)(a), but recalculation of child support was required because trial court did not include rental income husband received as part of the original calculation.
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| J.K.L.B. Farms, LLC v. Phillips, 2060190,
COURT OF CIVIL APPEALS OF ALABAMA, June 15, 2007, Released
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Overview: Because the offending party who placed a trespassing structure on a landowner's property was not an indispensable party to the suit between the landowner and its adjoining neighbors, a rule nisi order entered against the landowner was upheld. Further, damages for its refusal or failure to comply were also upheld.
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| Lanier Worldwide, Inc. v. Crum, 2060327,
COURT OF CIVIL APPEALS OF ALABAMA, June 15, 2007, Released
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Overview: Judgment was reversed as Georgia judgment was not void under Ala. R. Civ. P. 60(b)(4) as Georgia appellate court had held that if out-of-state lessee had agreed to similar lease, Georgia courts would have had personal jurisdiction. Lessee did not dispute entering into lease, and personal jurisdiction was proven at Alabama hearing.
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| Muller v. Seeds, 1050990,
SUPREME COURT OF ALABAMA, June 15, 2007, Released
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Overview: That a mortgagee sold property at foreclosure en masse was not grounds for voiding the sale, as (1) the mortgage gave him the power to do so; (2) he and the mortgagor had equal bargaining power and sophistication; and (3) there was no evidence he acted in bad faith, fraudulently, or otherwise abused the discretion conferred on him by the mortgage.
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| Rogers v. Gann, 2060166,
COURT OF CIVIL APPEALS OF ALABAMA, June 15, 2007, Released
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Overview: While the appeals court held that a former husband's appeal was timely filed, it declined to find that the trial court abused its discretion in dismissing his action against his former wife seeking to recover an alleged overpayment of child support, with prejudice, after he failed to file a record that affirmatively showed an abuse of discretion.
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