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| J.W.J. v. P.K.R., 2051040,
COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Award of visitation to maternal grandparents under the Grandparent Visitation Act, Ala. Code § 30-3-4.1, unduly infringed on a father's due process rights and was reversed because circuit court failed to give appropriate presumptive effect to father's visitation decisions and decided case based solely on its own view of the child's best interests.
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| Jallad v. State, CR-05-0286,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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| Kelley v. State, CR-05-1990,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Circuit court abused its discretion by denying inmate's Ala. R. Crim. P. 32 petition; facts concerning inmate's sentences were in dispute, his claim regarding application of Habitual Felony Offender Act, Ala. Code § 13A-5-9, was sufficiently pled, it was not procedurally barred, and if facts alleged were true, the inmate was entitled to relief.
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| Legg v. Fortis Ins. Co., 2060550,
COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Summary judgment was affirmed as insured's surgery claim, which was incurred during grace period that was required to be included in disability policy under Ala. Code §§ 27-19-3(a) and 27-19-6 was properly denied. Insurer did not receive tardy premium before grace period expired. Insurers properly cancelled policy as of date premium was first due.
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| Montiel v. Estate of Gonzalo F. Montiel & Mobile Mem'l Gardens, 2060098,
COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Appeal and cross-appeal were dismissed as interlocutory orders were appealed that had not been certified as final under Ala. R. Civ. P. 54(b). Although most issues were disposed of by awarding deferred compensation to estate and by ordering estate to immediately pay costs for renovating marital home, administration of estate was not settled.
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| Morgan v. Safeway Ins. Co. of Ala., Inc., 2060138,
COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Insureds' failure to obtain their UIM carrier's consent to a settlement with a motorist that caused a collision barred the insureds' claim for UIM benefits under Ala. Code § 32-7-23(b)(4) because ten days between giving the carrier notice of the lawsuit and settling the action was insufficient time to allow the carrier to investigate the claim.
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| Paturu v. Medical Licensure Comm'n of Ala., 2060389,
COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Doctor's appeal of a decision of Medical Licensure Commission of Alabama to revoke her license to practice medicine was properly dismissed because she failed to file a notice of appeal, pursuant to Ala. Code § 41-22-20(d), within 30 days of her receipt of the administrative order and the Commission had no duty to inform her of the appeal process.
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| Price-Williams v. State, CR-05-2195,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Trial court exceeded the scope of its discretion in allowing psychotherapist's sealed report, which was prepared in the context of defendant's divorce proceeding, to be disclosed to the State in the instant criminal proceeding when defendant did not waive his psychotherapist-patient privilege under Ala. R. Evid. 503 to keep the report confidential.
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| Roberts v. Am. Nat'l Prop. & Cas. Co., 1050616,
SUPREME COURT OF ALABAMA, June 29, 2007, Decided
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