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| Bain v. Gray, 2010184,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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Overview: Trial court erred in dividing parcel when division was unsupported by evidence presented to trial court during hearing on summary judgment motions, and division was inconsistent with any contention of parties.
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| Burgoon v. Ala. State Dep't of Human Res., 1010345,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Circuit court erred in dismissing wrongful death claims brought against state agency employees in their individual capacities, as such employees only enjoyed qualified, rather than absolute, immunity from suit.
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| Carter v. State, 1010251,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Court of appeals erred in reversing intentional murder and provocation manslaughter convictions where verdicts for the same were not inconsistent, because separate findings on the factual circumstances warranted separate degrees of guilt.
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| Ex parte City of Homewood, 2001130,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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Overview: Three-judge panel did not have jurisdiction pursuant to address officer's conflict-of-interest claim. Officer had to bring a collateral action in circuit court to address the claim.
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| Ex parte McFadden Eng'g, Inc., 1010815 and 1010832,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Trial court clearly abused its discretion in refusing to allow the defendants to conduct, or adequate time to conduct, their requested discovery as the delay was caused by the plaintiffs' slow and inadequate responses to discovery.
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| Ex parte Russell, 1010489,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: State failed to establish venue as to defendant's drunk driving offense. Police officer's affirmative answer to prosecutor's question as to whether officer heard judge's statement about where stop occurred did not establish venue.
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| Ex parte Weddington, 1010037,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Because defendant objected to the proposed jury instructions when the trial court indicated it would give the instructions and again after the trial court gave the instructions, but before the jury retired, his objections were timely.
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| Fast Phones, Inc. v. City of Montgomery, 1002017,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: License fee assessed upon a telephone reseller pursuant to a city ordinance imposing a license fee upon telephone exchangers was improperly assessed, as the telephone reseller was not a telephone exchange.
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| J.H.F. v. P.S.F., 2000784,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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Overview: Trial court did not abuse its discretion in awarding child custody to the mother following her adultery, or in the property division, but trial court erred in not holding a hearing before reducing the father's child support obligations.
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