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| AT&T Corp. v. Surtees, 2040908,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Trial court erred in placing the burden on the corporation to overcome presumption that Ala. Code § 40-14A-22, the business privilege tax, and Ala. Code § 40-14A-31, the corporate shares tax, were constitutional; rather, the state revenue department had the strict scrutiny burden of showing justification for those facially discriminatory statutes.
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| Ex parte C.L.J., 2050367,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Matter was remanded to the juvenile court for a hearing because the juvenile court should not have transferred the matter to the tribal court, pursuant to 25 U.S.C.S. § 1911 of the ICWA, without consideration of the convenience of the relevant witnesses and parties to the proceeding.
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| Ex parte Safeway Ins. Co., 1050648,
SUPREME COURT OF ALABAMA, June 23, 2006, Released
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Overview: A trial court exceeded its discretion by denying motions for change of venue to other county; forum non conveniens doctrine, found in Ala. Code § 6-3-21.1(a), and the interests of justice, required transfer. Insurer, insured, insurance agency, and witnesses were in other county, as was scene of the accident. Court there was a proper forum for case.
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| Hanner v. Metro Bank, 1041966,
SUPREME COURT OF ALABAMA, June 23, 2006, Released
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Overview: Although trial court granted summary judgment to the bank and the insurance company on the insurance company's declaratory judgment action, the trial court did not make clear whether it meant for that ruling to be appealable because it did not mention Ala. R. Civ. P. 54(b) and other claims remained that still had to be adjudicated.
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| Harris Moran Seed Co. v. Phillips, 2040746,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Farmers were entitled to recover from seed company as intended third-party beneficiaries to agreement between seed company and the independent dealer on the farmers' breach of contract claim based on an express warranty in dealer agreement, as substantial evidence showed seed company meant warranty to protect independent dealer's future customers.
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| Hays v. Hays, 2040482,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Stepmother was not allowed to adopt her stepdaughter, with the stepdaughter's consent, pursuant to Ala. Code § 26-10A-6, because the stepmother's husband, who was the stepdaughter's biological father, had died and the legal relationship between the stepmother and the stepdaughter terminated upon the death of the father.
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| Parker v. Parker, 2040696,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Trial court erred in relation to child support in the parties' divorce, as the trial court failed to make the required findings under Ala. R. Jud. Admin. 32(A)(ii) as to the mother's income and instead merely determined not to award the father child support based on the mother's "apparent" lack of income.
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| State v. Marble City Plaza, Inc., 2040995,
COURT OF CIVIL APPEALS OF ALABAMA, June 23, 2006, Released
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Overview: Trial court erred in condemnation case in refusing to follow the plain language of Ala. Code §§ 18-1A-111 and 18-1A-211(b) in awarding prejudgment interest to property owner; trial court awarded such interest at 6 percent rate and did not tie its prejudgment interest award to amount of interest earned in probate court, as those statutes required.
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| State v. Wilson, 1050390,
SUPREME COURT OF ALABAMA, June 23, 2006, Released
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Overview: Where a circuit court had announced that it would dismiss one count of an indictment against a defendant, the State's notice of appeal, filed before entry of the order, was an effective notice of appeal under Ala. R. App. P. 4(a)(4), and the Court of Appeals had erred by dismissing the appeal.
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