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| Childersburg Bancorporation, Inc. v. Peoples State Bank of Commerce, 2040899,
COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2006, Released
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Overview: Summary judgment for buyer bank was reversed as seller bank's duty to pay state agency escrowed funds was not triggered. Buyer bank's claim that settlement agreement did not prohibit its acknowledging to agency existence of letter of credit, its prompting agency to make claim, and its filing complaint for interpleader would invalidate contract.
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| Higgins v. Higgins, 2040789, 2050276,
COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2006, Released
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Overview: Wife's appeal of amended divorce judgment was dismissed as the amended judgment was void as the notations on the case-action-summary did not unequivocally express that the parties agreed to extend the 90-day period for a ruling on the postjudgment motions and did not effectively extend the time for ruling on the motions under Ala. R. Civ. P. 59.1.
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| McGlathery v. Richardson, 2040946,
COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2006, Released
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Overview: Decision of a church's board of deacons not to call a meeting to discuss issues the members sought to raise because the board did not think that the spiritual health of the church would be advanced by such a meeting was an ecclesiastical decision of the church government and could not be overridden by a civil court.
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| Pattans Ventures, Inc. v. Williams, 2040648,
COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2006, Decided
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Overview: Trial court properly found that a pawnbroker breached its contract with its debtor when, after the debtor performed, the pawnbroker refused to provide him with the certificate of title to the subject vehicle. Damages were thereafter concrete after the pawnbroker took possession of the vehicle and sold it.
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| Robinson v. Kato, 2040922,
COURT OF CIVIL APPEALS OF ALABAMA, June 2, 2006, Released
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Overview: Sellers' appeal from an order setting aside a settlement agreement they entered into with a buyer was dismissed, as said order was not a final appealable judgment, because additional proceedings had to be held in the trial court, namely, a trial of the original action in a separate case between the parties.
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| Buster v. Buster, 2040191,
COURT OF CIVIL APPEALS OF ALABAMA, June 6, 2006, Released
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Overview: Trial court improperly balanced equities under Ala. R. Civ. P. 55(c) in refusing to set aside a default divorce judgment for a husband because the wife presented a meritorious defense in alleging that she was more fit to have custody of their child, setting aside the default did not prejudice the husband, and the wife's conduct was not culpable.
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