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   State Courts - Alabama - June 28, 2002
  
Ex parte Ackles, 1001294, SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Ex parte Maple Chase Co., 1001794, SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Trial court abused its discretion in ordering manufacturer to pay opposing party's travel and translator's expenses before such were incurred, as each party was required to bear the costs of their own lawsuit, including pretrial discovery costs.

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Ex parte Miles, 1010971, SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Writ of mandamus was issued where petitioner did not receive notice of the trial court's denial of his petition for postconviction relief until after the 42 days for filing a notice of appeal had expired, through no fault of his own.

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Ex parte Van Am. Ins. Co., 1001928, SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Trial court exceeded its authority by requiring sureties to forfeit bonds they posted in behalf of a coal company without allowing them to comply with the Alabama Surface Mining Commission's order which permitted reclamation in lieu of forfeiture.

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Fitts v. Stokes, 1010945, 1010946, SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: The trial court erred in determining that an ex-wife and the wife of a decedent held property as tenants in common; the divorce of the ex-wife and the decedent evidenced an intent to sever their joint tenancy, and created a tenancy in common.

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Garrett & Assocs. Real Estate v. Colonial Realty L.P., 2010296, COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Because the lease was ambiguous as to the payment of the realtor's commission upon termination, the trial court erred in granting summary judgment to the owner.

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Gilley v. State, CR-01-1371, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Goetzman v. State, CR-01-1107, COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Defendant's non-jurisdictional claims were precluded by limitations period in post-conviction remedies rule. Robbery indictment not alleging participation of another was insufficient for guilty plea to second-degree robbery.

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Guar. Pest Control v. Bush, 2001293, COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Exterminator's challenge to trial court's punitive damages award was remanded; the trial court should have stated reasons why the punitive-damages award should or should not be disturbed.

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Guck v. Daniel & Son, 2000860, COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Employee met his burden by showing that substantial evidence indicated that a tree fell on him while he was performing work duties for employer and impact of accident left him partially disabled. Summary judgment was not proper.

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