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| Keeton v. Keeton, 2050126,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: In an appeal from a divorce judgment, because no consent to extend the Ala. R. Civ. P. 59.1 period for ruling on a postjudgment motion appeared before expiration of the 90-day period, the parties' purported consent to extend the time for ruling failed to extend the period. The husband did not file a subsequent appeal within 42 days.
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| Lanzi v. Ala. Dep't of Revenue, 2040298,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Due process did not allow Alabama income tax for 1998 and 2000 to be assessed under Ala. Code § 40-18-2(a)(6) against a Georgia resident whose only economic tie to Alabama was his limited partnership interest in an Alabama limited partnership. Such an interest, without more, did not constitute sufficient "minimum contacts" with Alabama.
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| Legal Envtl. Assistance Found., Inc. v. Ala. Dep't of Envtl. Mgmt., 2040688,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Appeal was dismissed as moot as environmental assistance foundation and owner only sought modification of corporation's National Pollutant Discharge Elimination System permit so as to delete three-year compliance schedule that ended on February 26, 2006; as compliance schedule had expired, appellate decision could not provide requested relief.
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| MBNA Am. Bank, N.A. v. Bodalia, 2040847,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: An Alabama trial court had no jurisdiction under Ala. Code § 6-6-12 to confirm a Florida arbitration award in favor of a debtor. An Alabama circuit court had no jurisdiction under the statute if no action was pending in Alabama, and no action was pending between the parties in Alabama at the time the debtor submitted the matter to arbitration.
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| Marusich v. Bright, 2050035,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: There was insufficient evidence demonstrating a material change in circumstances since the entry of the parties' divorce judgment that would justify a change in custody from the mother to the father. Other than the child benefiting from spending more time with the father, the father presented no other evidence regarding the benefit to the child.
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| New v. McCullar, 2040866,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Alabama trial court erred by applying the McLendon standard in denying father's petition for modification of child custody, as the parties' custody arrangement fit within the Ala. Code § 30-3-151(3) statutory definition of "joint physical custody." Therefore, the best-interests standard of Couch applied. The policy behind McLendon was neutralized.
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| P.B. v. P.C., 2050280,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: In a father's dependency and custody dispute with his child's maternal grandmother, the proper method of review of pendente lite orders was by a petition for the writ of mandamus. The father had not sought a writ of mandamus. Thus, the appeal had to be dismissed.
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| Pruitt v. State, CR-04-2495,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: State's failure to comply with 40-day requirement in Ala. Code § 12-21-301 was harmless as notice was given about 27 days before suppression hearing and plea proceeding and defendant was not prejudiced by late notice. Lee was overruled to extent that it suggested that noncompliance with 40-day requirement could never be harmless.
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| Scarborough v. Darling, 2040659,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Trial court erred in awarding attorney fees to father's attorney under Ala. Code § 12-19-272(a) based on commencement of custody modification without substantial justification. Paternal great-grandmother's assistance to disabled father was material factor in earlier award of custody to father, and her assistance was compromised by her poor health.
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