Alabama, June, 2007, State Case law

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State Courts - Alabama - June 22, 2007

Allen v. Barbour County, 1051145, 1051146, SUPREME COURT OF ALABAMA, June 22, 2007, Released
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Overview: High court would not hear interlocutory appeal filed by Alabama Department of Corrections' Commissioner under Ala. R. App. P. 4(a)(1), as it had already considered and denied his argument that the trial court's actions violated separation-of-powers doctrine found in Ala. Const. art. III, ? 43, and it would not consider that argument again.

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Boyd Bros. Transp., Inc. v. State Dep't of Revenue, 2050675, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Trial court erred in upholding a use tax assessment against a transportation company pursuant to Ala. Code ? 40-23-61(c), because the company would not have owed any sales tax on trucks if the trucks had been purchased in Alabama, so no use tax was due where the trucks were purchased outside Alabama.

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Carter v. Prattville Bd. of Zoning Adjustment, 2060377, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Property owner did not have to file suit within 15 day period identified in Ala. Code ? 11-52-81 to perfect appeal of board of zoning adjustment decision because plain language of statute demonstrated that property owner only had to file notice of appeal with board and that board had duty to transmit transcript of its proceedings to circuit court.

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G.P. v. F.R., 2060295, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Pursuant to Ala. R. App. P. 2(a)(1), a grandmother's appeal was dismissed as untimely under Ala. R. Juv. P. 28(C) and Ala. R. App. P. 4(a)(1)(E) because it was filed more than 14 days after the entry of a juvenile court's order granting a mother's motion to terminate the grandmother's contact with the children.

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H.E.H. v. K.L.C., 2060448, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Father's appeal of dismissal of father's request for trial de novo in circuit court after his parental rights were terminated was dismissed as notice of appeal was untimely since it was filed 29 days after entry of judgment of dismissal. Notice of appeal had to be filed within 14 days of the entry of the judgment under Ala. R. Juv. P. 1(B).

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Mullis v. Mullis, 2051068, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Marital property division that awarded father about 81.8 percent of marital property and periodic alimony award were reversed as inequitable since parties had been married for 10 years, father was 43 and mother was 53, and mother's future prospects were less than father's. There was no assignment of fault for marriage's breakdown.

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Nichols v. Ala. State Bar, 1041641, SUPREME COURT OF ALABAMA, June 22, 2007, Released
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Overview: Board of Disciplinary Appeals of Alabama State Bar properly denied attorney's appeal because Disciplinary Board did not clearly err under Ala. R. Disc. P. 5.1(d) in finding that he failed to demonstrate by clear and convincing evidence under Ala. R. Disc. P. 28(c) that he was fit to practice law at time of hearing on his petition for reinstatement.

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Progressive Specialty Ins. Co. v. Steele, 2050960, 2051006, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Judgment for insurer was reversed as there was evidence from which trier of fact could find that driver had sufficient notice that accident and child's injuries were serious, and there was also evidence from which trier of fact could find that driver reasonably believed that child was not injured, and that accident was not serious enough to report.

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R.J.L. v. Lee County Dep't of Human Res., 2060360, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Judgment was affirmed as although Ala. R. Civ. P. 60(b) permitted civil litigant to collaterally attack judgment raising denial of effective assistance of counsel at dependency proceeding, because appeal was pending when mother filed motion for relief from judgment, mother had to obtain leave from the appellate court to file Rule 60(b) motion.

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V.C. v. C.T., 2050356, 2050737, COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2007, Released
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Overview: Judgment totally suspending mother's visitation rights was reversed as fundamental rights of mother and child required use of less-drastic means such as those set forth in Ala. Code ? 30-3-135 to address concerns for child's safety and to protect child from verbal abuse before instituting total suspension of mother's visitation rights.

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