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| Johnson v. Johnson, 2010086,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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Overview: Wife's appeal of trial court's decision was dismissed where daughter's claim of interference, wife's claim for homestead, family allowance, and exempt property, and administration of the estate, were still pending.
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| M.H.E. v. B.E., 2010203,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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Overview: Trial court erred in holding decedent former husband was not the natural father of the minor child born of the marriage with the former wife, as decedent's mother, who filed declaratory judgment action, lacked standing to bring the action.
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| Patterson v. Gladwin Corp., 1001747,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Direct action against the State of Alabama seeking refunds of previously paid corporate franchise taxes paid pursuant to an invalid statutory scheme was dismissed for lack of subject-matter jurisdiction.
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| Quimby v. Mem'l Parks, Inc., 1010334,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Trial court's prior finding that oral agreement existed between individual and corporation became the law of the case, and, thus, trial court exceeded its authority in issuing a contrary finding on remand in the same case based on same record.
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| Rivard v. Univ. of Ala. Health Servs. Found., P.C., 1001840,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Doctor was not entitled to summary judgment in malpractice case in which bone grafting procedure allegedly caused injured party's impotence. Orthopedic surgeon testified that procedure was below standard of care and likely caused injury.
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| Southtrust Bank v. Ford, 1010124,
SUPREME COURT OF ALABAMA, May 17, 2002, Released
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Overview: Arbitration agreement, contained within decedent's deposit agreement with bank, compelled arbitration of the estate's claims brought on decedent's behalf. However, arbitration did not extend to executor's personal claims against the bank.
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| State Bd. of Nursing v. Stejskal, 2990909,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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| Terrell v. R & A Mfg. Partners, Ltd., 2001032,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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Overview: Disclaimers contained in manufacturer's warranty were ineffective because they were not a basis of the bargain between a buyer and the manufacturer, and buyer had to give the manufacturer an opportunity to remedy defects.
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| W.T.M. v. S.P. V.T., 2001065, 2001064, 2001069,
COURT OF CIVIL APPEALS OF ALABAMA, May 17, 2002, Released
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Overview: Physical custody of minor child to foster mother was error, where findings were insufficient to overcome statutory preferences. Placement with father and paternal aunt and uncle was nearest approximation to real parent-child relationship.
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