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| Beachcroft Props., LLP v. City of Alabaster, 1041359,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: Trial court erred in refusing to grant the partnership's summary judgment motion, as public policy of the State gave the city exclusive control over its sewage system; thus, restrictions that the company inserted in its final plats for the subdivision interfered with the city's authority over the subdivision development and were void.
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| Clay Kilgore Constr., Inc. v. Buchalter/Grant, L.L.C., 1031086, 1031087,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: Summary judgment was properly granted to sellers on a builder's claims that they misrepresented the suitability of land sold to the builder for conventional septic systems. Caveat emptor applied because the land was unimproved by dwellings, and "as is" clauses in the sale contracts barred the builder's claims of fraud and fraudulent suppression.
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| Ex parte A.B., 1050514,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: Disclosure of the identity of a medical provider's out-of-wedlock child's father for purposes of voir dire of a jury venire in a medical malpractice action was outweighed by the provider's privacy interest; such information was not relevant under Ala. R. Civ. P. 26(b)(1) and Ala. R. Evid. 401.
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| Ex parte Rich, 2041109,
COURT OF CIVIL APPEALS OF ALABAMA, July 21, 2006, Decided
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Overview: Circuit court properly vacated its judgment relinquishing jurisdiction to a Louisiana tribal court because at the time that the tribal court first purported to assume jurisdiction, the circuit court's order awarding temporary custody of the child to the husband was still in effect and was subject to being vacated per the husband's motion.
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| Ex parte Soprema, Inc., 1050466,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: A forum-selection clause in a contract between a manufacturer and contractor required the contractor's tort and breach of contract action against the manufacturer to be brought in Ohio because the contractor did not show that enforcing the clause was unfair or unreasonable and the manufacturer did not waive enforcement by engaging in discovery.
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| Ex parte Verbena United Methodist Church, 1050952,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: Writ of mandamus was issued directing transfer of a church member's suit against church and pastor to county two pursuant to Ala. Code § 6-3-21.1(a) since county two had much stronger connection to action, in that all contact involved in case took place in county two, and only defendant with connection to county one concurred in motion to transfer.
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| Jordan v. Siegelman, 1040354,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: Trial court did not err in granting summary judgment to the state officials on the alleged taxpayer's claim state officials were improperly diverting funds earmarked for the state securities commission for use in state general fund; alleged taxpayer did not present substantial evidence indicating he had standing as a taxpayer to bring his action.
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| McKay Bldg. Co. v. Juliano, 1041720,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: Because the contractors presented sufficient evidence tending to establish that they used the channels of interstate commerce in performing their remodeling business, the trial court erred in denying their motion to compel arbitration and to stay the proceedings under the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq.
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| Progressive Specialty Ins. Co. v. Naramore, 1041892,
SUPREME COURT OF ALABAMA, July 21, 2006, Released
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Overview: Insurer was erroneously denied summary judgment in an action by its insured's husband seeking uninsured/underinsured-motorist benefits on his daughter's behalf, as the insured unequivocally rejected said coverage, her signature alone was sufficient to do the same, and the husband was not a named insured under the subject policy.
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