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   State Courts - Alabama - June 4, 2004

  
E.V.W. v. Jefferson County Dep't of Human Res., 2030233, COURT OF CIVIL APPEALS OF ALABAMA, June 4, 2004, Released
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Overview: Because the mother's parental rights had been terminated, she no longer had a legally protected right with regard to the child. Thus, she lacked standing to appeal.

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Edmonds Indus. Coatings, Inc. v. Lolley, 2020861, 2030212, COURT OF CIVIL APPEALS OF ALABAMA, June 4, 2004, Released
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Overview: Permanent total disability benefits awarded to workers' compensation claimant for occupational disease were proper, as his chronic obstructive pulmonary disease was aggravated by paint fumes. His symptoms were triggered with every exposure to fumes.

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Ex parte City of Brundidge, 1030490, SUPREME COURT OF ALABAMA, June 4, 2004, Released
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Overview: Where worker's claims against tortfeasor were paid by Alabama Insurance Guaranty Association, his employer was entitled to recover from the worker an amount equal to this award, in satisfaction of workers' compensation payments made to worker.

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Ex parte Fid. Bank, 1030483, SUPREME COURT OF ALABAMA, June 4, 2004, Released
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Overview: Court denied Georgia bank's petition for writ of mandamus directing trial court to dismiss it as defendant for lack of personal jurisdiction; practice of accepting Alabama customers from third-party referrals subjected bank to general jurisdiction.

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Ex parte Fort James Operating Co., 1030607, SUPREME COURT OF ALABAMA, June 4, 2004, Released
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Overview: In workers' compensation action, employer should have been allowed a setoff for sickness-and-accident benefits paid to employee; employer provided substantial evidence indicating that it was the sole source of funding for plan that provided sick pay.

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Ex parte J.R., 1021965, SUPREME COURT OF ALABAMA, June 4, 2004, Released
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Overview: Order of termination of parental rights was erroneous because the Alabama Department of Human Resources presented no evidence that clearly indicated why near relatives were unsuitable as an alternative family resource.

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Ex parte Peraita, 1021974, SUPREME COURT OF ALABAMA, June 4, 2004, Released
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Overview: Trial court did not err when it excluded testimony about "institutionalization" or victim's character. Although inmate was tried and convicted of two counts of capital murder for the killing of one person, his double jeopardy right was not violated.

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Ex parte State Farm Mut. Auto. Ins. Co., 1021378, SUPREME COURT OF ALABAMA, June 4, 2004, Released
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Overview: Because the wrongful act underlying insureds' action occurred at the place of an accident, which accident did not take place in the county of the trial court, the trial court erred in denying a motion to transfer the action.

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Fireman's Fund Ins. Co. v. Gray, 2021070, COURT OF CIVIL APPEALS OF ALABAMA, June 4, 2004, Released
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Overview: Owner who operated his business as a sole proprietorship was ineligible for workers' compensation benefits under the state workers' compensation act, as he failed to meet the statutory definition of an employee.

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Hallum v. Hallum, 2020844, COURT OF CIVIL APPEALS OF ALABAMA, June 4, 2004, Released
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Overview: Wife could not complain about the trial court's division of the parties' marital estate where she failed to file a motion for relief from said judgment. But, where the court made errors with respect to the child support order, remand was necessary.

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