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| Aplin v. Tew, 1010594,
SUPREME COURT OF ALABAMA, June 21, 2002, Released
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Overview: Judgment as matter of law in favor of adults due to teenager's contributory negligence was proper where teenager put firecrackers in his clothing while in presence of ignited fireworks, and he was aware of danger of such circumstances.
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| Carter v. Hilliard, 2001201,
COURT OF CIVIL APPEALS OF ALABAMA, June 21, 2002, Released
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Overview: Mother's appeal from the grant of the father's postjudgment motion was an attempted appeal from a void judgment which could not support an appeal as the original divorce judgment, which granted mother custody, remained in effect.
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| Conseco Fin. Corp. v. Slay, 1010123,
SUPREME COURT OF ALABAMA, June 21, 2002, Released
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Overview: The trial court's order was not ripe for review because the lender requested relief for a harm it had not yet suffered; speculative possibilities did not provide a "live controversy" for appellate review.
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| Etheredge v. Wheat, 2000187,
COURT OF CIVIL APPEALS OF ALABAMA, June 21, 2002, Released
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Overview: The appeals court lowered monthly child support payable by the father from $ 554 to $ 460, and affirmed father's contempt for failure to pay child support at level before reduction since he did not post supersedeas appeal bond.
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| Ex parte Bryant, 1990901,
SUPREME COURT OF ALABAMA, June 21, 2002, Released
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Overview: Court committed plain error by giving instructions that implied that jury had to recommend death penalty unless mitigating circumstances outweighed, rather than just equaled, aggravating circumstances; defendant's death sentence was vacated.
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| Ex parte Lagrone, 1010758,
SUPREME COURT OF ALABAMA, June 21, 2002, Released
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Overview: Georgia company had requisite minimum contacts with Alabama under long-arm rule, where it sold 17 jacks there in three years. As it was not unduly burdensome to require it defend suit in Alabama, trial court had personal jurisdiction over it.
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| Ex parte Turner, 1010861,
SUPREME COURT OF ALABAMA, June 21, 2002, Released
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Overview: Assistant principal confronting student upon her refusal to display hall pass was protected by state-agent immunity because he was discharging his duties in educating students, and he enjoyed qualified immunity from federal civil rights action.
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| Jim Walter Homes v. Nicholas, 1001716,
SUPREME COURT OF ALABAMA, June 21, 2002, Released
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Overview: Judgment for the plaintiff had to be reversed and the case remanded where the jury returned a general verdict on the plaintiff's claims and one of the plaintiff's claims was barred by the statute of limitations.
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| Kanazawa v. Williams, 2001229,
COURT OF CIVIL APPEALS OF ALABAMA, June 21, 2002, Released
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Overview: The affidavit of the tortfeasor's former landlord demonstrated that he did not attempt to avoid service, but had returned to Japan as planned; the injured party's conclusory assertions to the contrary were insufficient.
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