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| Harwell v. Zimmerman, 2030832,
COURT OF CIVIL APPEALS OF ALABAMA, June 10, 2005, Released
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Overview: Summary judgment was properly granted to an attorney as to a former client's legal malpractice and fraud claims, filed pursuant to Ala. Code ¿ 6-5- 570 et seq., because the former client admitted that the attorney did not cause a business failure, knowingly represented the co-owners of the business, and had filed the articles of incorporation.
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| Hous. Auth. v. Pritchett, 2030826,
COURT OF CIVIL APPEALS OF ALABAMA, June 10, 2005, Released
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Overview: Because a landlord in an unlawful detainer action presented sufficient evidence that the tenant violated a criminal-activity provision in her lease in order to support a verdict in its favor after she failed to vacate the premises, the trial court erred in granting the tenant a judgment as a matter of law.
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| Meador v. Cincinnati Ins. Co., 2030885,
COURT OF CIVIL APPEALS OF ALABAMA, June 10, 2005, Released
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Overview: Trial court's fraud instruction in a breach of contract action between an insurer and its insureds amounted to reversible error because it placed the burden to prove the nonexistence of fraud on the insureds instead of placing on the insurer the burden to prove the existence of fraud, which the insurer asserted as an affirmative defense.
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| W.T.H. v. M.M.M., 2040147,
COURT OF CIVIL APPEALS OF ALABAMA, June 10, 2005, Released
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Overview: Juvenile court had subject matter jurisdiction to decide custody after exercising its Ala. Code ¿ 12-15-30(a) exclusive original jurisdiction over dependency; custody to grandmother over father was properly decided using best interest standard without first finding father unfit as presumption favoring parental custody did not apply in dependency.
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| Wood v. Courtney, 2040017,
COURT OF CIVIL APPEALS OF ALABAMA, June 10, 2005, Released
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Overview: Trial court, pursuant to Ala. R. Civ. P. 59, properly granted a new trial to the daughter's husband and daughter as the jury verdict for the daughter's husband that nevertheless awarded no damages was inconsistent and its award to the daughter that did not include an amount at least as high as her uncontradicted damages was also in error.
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