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| Harper v. Brown, Stagner, Richardson, Inc., 1020314,
SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Overview: Principal did not need to wait until he was sued to bring declaratory judgment action to determine whether he was personally liable for judgment in favor of customer against company with which principal was closely affiliated, as suit was inevitable.
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| Herboso v. Herboso, 2011077,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: The trial court did not abuse its discretion in finding that the husband was voluntarily underemployed; however, the court erred by failing to follow the statutory guidelines in setting the amount of the child support.
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| J.A.H. v. Calhoun County Dep't of Human Res., 2020206,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Father's parental rights were properly terminated, as court reports authored by human resources (HR) representatives were admissible, and HR department presented clear and convincing evidence of its search for all viable alternatives to termination.
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| J.M.O v. State Dep't of Human Res., 2011232,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Trial court's decision to terminate the mother's parental rights to her daughter based upon drug and sex abuse was presumed correct, and the decision was not so unsupported by the evidence as to be plainly and palpably wrong.
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| J.N.F. v. A.S., 2011009,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Trial court erroneously granted grandparents' petition to adopt their grandchild, after the timely objection of the child's putative father, without addressing the objection or appointing guardians ad litem for the child or the child's minor mother.
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| K.D.T.J. v. Madison County Dep't of Human Res., 2020033,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Given the mother's financial and health concerns and the child's unexplained broken collarbone, termination of her parental rights was proper. Due to the father's ability to serve as a parent and provide for the child, he maintained his rights.
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| McQuinn v. McQuinn, 2010531,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Trial court's judgment with respect to visitation was reversed, as the judgment required the physical presence of either the father or the paternal grandfather at the start of each visitation period, which unduly burdened the father.
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| Morris Concrete, Inc. v. Warrick, 2011265,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: In property owner's suit against seller that allegedly supplied defective concrete, there was no basis to support the trial court's award of damages for mental anguish and the evidence was insufficient to support an award of damages for lost profits.
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| Nelson v. Pike, 2000863,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: A new trial was ordered because the trial court failed to instruct the jury as to punitive damages on a conversion claim and because the jury failed to follow the trial court's instructions as to calculating the amount of the compensatory damages.
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