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State Courts -
Alabama - June 17, 2005
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C.L. v. D.H., 2030791,
COURT OF CIVIL APPEALS OF ALABAMA, June 17, 2005, Released
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Overview: Modification of a prior custody order was appealable, despite the fact that the court had set a future hearing, as said hearing was properly set to monitor the circumstances of the parties. Further, because the appeals court did not make arguments for the parties, absent a sufficient evidence claim by the mother, the modification order was upheld.
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Headrick v. Headrick, 2030690,
COURT OF CIVIL APPEALS OF ALABAMA, June 17, 2005, Released
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Overview: Though Custody and Domestic or Family Abuse Act, Ala. Code ?? 30-3-131, -133, had rebuttable presumption against perpetrator of domestic violence having custody, findings that neither parent was threat to abuse the child and neither was better parent rebutted it; however, alternating physical custody was too disruptive for child's best interest.
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Hess v. Mkt. Inv. Co., LLC, 1031713,
SUPREME COURT OF ALABAMA, June 17, 2005, Released
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Overview: Because an oral contract to convey an interest in property was not the result of the transferee's purchase of that interest, but as compensation for services he rendered, exempting it from the Statute of Frauds, and a fact question remained as to the transferee's legal status, summary judgment against him was reversed.
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