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   State Courts - Alabama - May 5, 2000

  
Potts v. Hayes, 1980694 and 1980695, SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Jury verdict for tort of outrage was reversed where defendant's conduct was not so outrageous and extreme as to go beyond all possible bounds of decency, to be regarded as atrocious and utterly intolerable.

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State ex rel. O.E.G. v. H.W., 1982109, SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Writ of mandamus was issued directing the juvenile court to withdraw its order directing a paternity suit to be retried de novo, because the court was without jurisdiction to enter the order, and accordingly the order was a nullity.

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State v. Zimlich, 1981536, SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: State was entitled to writ of mandamus directing Alabama Court of Criminal Appeals to set aside its writ of mandamus; defendant failed to establish that he had a clear legal right to order he sought and had remedy by appeal.

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Stone v. Mellon Mortg. Co., 1980745, SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Summary judgment in favor of mortgage company which charged a fee for facsimile transmissions of payoff statements incurred in connection with refinancing a mortgage loan was affirmed; there was no breach of contract.

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Strickland v. State, 1990614, SUPREME COURT OF ALABAMA, May 5, 2000, Released
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United States Fid. & Guar. Co. v. Baldwin County Home Builders Ass'n, 1980408, SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: Timeliness of notice to liability insurer of occurrence triggering liability, and existence of mitigating circumstances excusing delay, raised issues of fact for trial; summary judgment was inappropriate.

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Williams v. BIC Corp., 1981068, SUPREME COURT OF ALABAMA, May 5, 2000, Released
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Overview: In suit against maker of lighter used by child to start fire, jury was properly charged that it was not foreseeable that parent would fail to undertake basic precautions to safeguard child from obvious risk known to parent.

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Williams v. Harold L. Martin Distrib. Co., 2971300, COURT OF CIVIL APPEALS OF ALABAMA, May 5, 2000, Released
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