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   State Courts - Alabama - May 17 - May 21, 2004
  
Opinion of the Justices No. 381, No. 381, SUPREME COURT OF ALABAMA, May 17, 2004, Released , May 17, 2004, Opinion Issued
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Ala. Republican Party v. McGinley, 1031166, SUPREME COURT OF ALABAMA, May 18, 2004, Decided
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Overview: Election candidate had no right to mandamus relief, where she rejected the Republican party outright, and the party's candidate committee acted within its authority in determining the sincerity of her pledge to the party.

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Ala. Dep't of Revenue v. Morton, 2030013, COURT OF CIVIL APPEALS OF ALABAMA, May 21, 2004, Released
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Overview: Because the taxpayers failed to send notice of their tax appeal to the Administrative Law Division within 30 days of an administrative law judge's final order, the trial court lacked jurisdiction over their appeal, and its judgment was void.

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Cleveland v. Seaman Timber Co., 1021353, 1021422, SUPREME COURT OF ALABAMA, May 21, 2004, Released
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Cooper v. State, CR-03-0257, COURT OF CRIMINAL APPEALS OF ALABAMA, May 21, 2004, Decided
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Ex parte Fagan, CR-03-0998, COURT OF CRIMINAL APPEALS OF ALABAMA, May 21, 2004, Released
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Overview: Where a petitioner appeared in court on the date set for trial, he wished to proceed with his trial, and he did not move to dismiss his de novo appeal, he was entitled to mandamus relief despite appearing in court without an attorney.

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J.T. v. A.C., 2030297, COURT OF CIVIL APPEALS OF ALABAMA, May 21, 2004, Released
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Overview: Alabama court lacked jurisdiction to modify Canada court's custody order. Canada court never determined that continuing exclusive jurisdiction no longer existed there or that Alabama was more convenient jurisdiction; father resided in Ontario.

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Noble v. Baker, 2030164, COURT OF CIVIL APPEALS OF ALABAMA, May 21, 2004, Decided
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Overview: Where a payor issued a check for value to pay a debt owed by the parties' children to the payee, lack of consideration was not an available defense in an action to enforce the check; the children's bankruptcy did not affect enforcement of the check.

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SCI Ala. Funeral Servs. v. Beauchamp, 1012184, SUPREME COURT OF ALABAMA, May 21, 2004, Released
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Tankersley v. Finocchio, 2030252, COURT OF CIVIL APPEALS OF ALABAMA, May 21, 2004, Released
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Overview: Factual issues remained as to whether heir had claim against decedent's estate where coroner's affidavits and report and the death certificates proved only that the wife was pronounced dead after the decedent and that she might have survived him.

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