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| American Interstate Ins. Co. v. Kelley, 2990317,
COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Overview: Insurer effectively canceled insured's policy because cancellation notice was sent by certified mail and was available to be picked up by insured for 15 days, even though notice was returned, unclaimed, to insurer.
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| Brewbaker Motors, Inc. v. Belser, 1990034,
SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: Dealership's motion to compel arbitration was properly denied because plaintiff never negotiated or paid a fee to drive defendant's loner vehicle which would have brought it within the arbitration agreement.
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| Brown v. Michelin N. Am., Inc., 2990501,
COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Overview: Because evidence indicated two possible dates for worker reaching maximum medical improvement, and because the evidence as to the date the worker reached MMI was disputed, the trial court's failure to state the MMI date was error.
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| D.B. v. State Dep't of Human Resources, 2990547,
COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Overview: A number of factors besides appellant's recurrent mental illness, including the fact that appellant was only able to have custody of her 2 children for 1 year of the last 10 years, justified the termination of appellant's parental rights.
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| Ex parte Housing Auth., 1990821,
SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: A public housing agency's unlawful-detainer suit against a tenant was not precluded by the continued deduction of a rent discount for utility bills from tenant's rent, because such a deduction did not confer a possessory interest in the premises.
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| Ex parte Jim Burke Auto., 1990183,
SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: Order continuing a motion to compel arbitration was not subject to a writ of mandamus, as the issue of arbitrability was for court to decide, but discovery granted to buyer, pending the continuance, was limited by writ to the arbitration issue.
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| Ex parte Mowa Choctaw Indian Sch., 2990858,
COURT OF CIVIL APPEALS OF ALABAMA, August 4, 2000, Released
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Overview: Petition for writ of mandamus challenging trial court's determination of venue granted; respondent employee failed to show that petitioners did sufficient business in county in which automobile accident occurred to subject petitioners to venue.
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| Ex parte Pace, 1990942,
SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: Defendant's petition for writ of habeas corpus directing trial court to allow defendant to have counsel of choice, nonresident attorney, granted; attorney filed for pro hac vice admission, was willing to work pro bono, and did not seek delay.
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| Ex parte Uniroyal Tire Co., 1981928,
SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: Under state law, plaintiff's liquidation of its assets was a one-time situation, and not done in the regular course of business, and therefore under the Multistate Tax Compact, it was not liable for taxes on its capital gains from the liquidation.
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| Folmar & Assocs. LLP v. Holberg, 1990328,
SUPREME COURT OF ALABAMA, August 4, 2000, Released
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Overview: A divorce judgment did not constitute a contractual relationship that would have supported a claim of intentional interference, and the fraudulent conveyance statute did not apply to claims against third-party transferors.
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