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   State Courts - Alabama - May 26, 2006
  
Ex parte Hosp. Espanol de Auxilio Mutuo de P.R., Inc., 1050685, SUPREME COURT OF ALABAMA, May 26, 2006, Released
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Overview: Plaintiff alleged a Puerto Rican hospital negligently tested an infected kidney she received by transplant. As the evidence did not establish a nexus between the hospital and Alabama arising out of an action of hospital that was purposefully directed toward Alabama, court lacked personal jurisdiction over hospital under former Ala. R. Civ. P. 4.2.

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Ferrell v. State, CR-05-0831, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Because the trial court erroneously determined that defendant was not eligible to have his sentence reconsidered because he had previously been paroled, it erred when it summarily denied defendant's Ala. Code ? 13A-5-9.1 motion for reconsideration of his sentence on that ground.

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Henry v. State, CR-05-0135, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Because defendant raised several ineffective-assistance-of-counsel allegations in his pro se motion for a new trial that the State did not refute, and because the trial court did not make any findings of fact regarding the allegations, the case was remanded with instructions that for specific, written findings of fact as to each of the allegations.

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Herren v. State, CR-04-1593, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Because none of the indictments alleged that defendant was aided in a robbery by another person, and because the record did not contain a transcript of the guilty-plea colloquy, the appellate court could not determine whether the indictment was properly amended in accordance with Ala. R. Crim. P. 13.5(a).

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Hyatt v. Chambless, 2040640, COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Trial court erred in entering judgment as matter of law for property owners on boundary line and trespass dispute with neighbor and in ruling on adverse possession and quiet title disputes, instead of submitting them to jury, as neighbor's predecessors' and owners' predecessor's deeds did not both unambiguously describe same boundary line.

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In re B.B., 2050158, COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Despite the fact that an uncle failed to show that res judicata applied to bar a requirement that he submit to a psychological evaluation, because the juvenile court erroneously believed that he was seeking to be reunited with the child, the judgment against the uncle was reversed, and the case was remanded to clarify the uncle's intentions.

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Ingram v. State, CR-05-0030, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: While four of defendant's five postconviction claims for relief warranted summary denial, upon the State's concession that he met his burden of pleading regarding his ineffective assistance of counsel claims, remand was ordered for the circuit court to make specific findings of fact as to the same.

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Jefferson Smurfit Corp. v. Surtees, 1041151, SUPREME COURT OF ALABAMA, May 26, 2006, Released
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Overview: Taxpayer sued for refund under Ala. Code ? 40-2A-7(c)(5)(b) on grounds tax was unconstitutional, and filed amended notice of appeal to add later tax year. Court erred in dismissing the appeal, as Alabama Taxpayers' Bill of Rights, Ala. Code ? 40-2A-1 et seq., did not require taxpayer to file additional refund petitions for subsequent tax year.

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L.K.D.H. v. Planned Parenthood of Ala., Inc., 2040661, COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Summary judgment for abortion provider was reversed as daughter's claims were not for wrongful life, but for negligence in performing abortion. Neither U.S. Supreme Court nor Alabama Supreme Court had ruled that medical provider was protected for negligent or reckless conduct that injured child so long as injury was inflicted before child was born.

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Lawson v. Brian Homes, Inc., 2040619 through 2040625, COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Summary judgments for lenders and purchasers were affirmed as lenders established elements for equitable subrogation. Subcontractor's liens were subordinate to senior mortgage. Lenders satisfied senior mortgage without actual notice of materialman's liens. Lenders were treated as assignees of senior mortgage. Result was not inequitable.

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