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| Ruzic v. State ex rel. Thornton, 2020231,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Circuit court did not have subject matter jurisdiction of child support arrearage case, where State failed to timely appeal judgment of district court, sitting as juvenile court, and did not seek extension of time to bring appeal.
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| S.B.L. v. E.S., 2020004,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Mother, who voluntarily relinquished custody of her child to county, and who waited almost five years before petitioning for custody, had burden of showing that custody change would materially promote child's best interests and outweigh disruption.
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| Sears Termite & Pest Control, Inc. v. Robinson, 1020304,
SUPREME COURT OF ALABAMA, May 23, 2003, Released
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Overview: Exterminator's motion to compel arbitration was improperly denied, where the legislature had not announced a policy in favor of providing a remedy for consequential damages for injuries sustained as a result of the application of pesticides.
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| Smith v. Smith, 2020103,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Trial court erred in modifying child custody by granting the father joint physical custody of child, as there was no substantial evidence in the record showing a material change in circumstances had occurred that warranted a change in custody.
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| Smith v. Smith, 2020171,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Wife's dismissal of a husband's complaint alleging she took funds from his account without his authorization was upheld, as his brief failed to support his contention. Claims against the bank were prima facie sufficient, requiring remand.
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| Smith v. Smith, 2011193,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Periodic alimony had to be payable from current income, and the husband's untapped retirement account was not available as a "source of income." Trial court also erred in denying the wife's request for a hearing as to withdrawals from his 401(k).
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| Triple D Trucking, Inc. v. Am. Petroleum Equip. & Constr., Inc., 2020216,
COURT OF CIVIL APPEALS OF ALABAMA, May 23, 2003, Released
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Overview: Summary judgment in favor of a subcontractor was reversed, where it failed to prove that a trucking company was an unlicensed contractor doing actual site work, and thus not entitled to be paid under a contract for its services.
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