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   State Courts - Alabama - July 27, 2007
  
A.J.H.T. v. K.O.H., 2051035, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Termination of a mother's parental rights under Ala. Code ? 26-18-7 was proper. As two oldest children were of age where they knew that mother had not contacted them for long period of time, trial court could have found that mother's absence had detrimental effect on children and that termination of her rights would serve children's best interests.

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Bell v. State, 1060926, SUPREME COURT OF ALABAMA, July 27, 2007, Released
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Overview: Court of Criminal Appeals properly held that an inmate's Ala. R. Crim. P. 32 claim that the State did not prove venue was nonjurisdictional. Further, its application of the procedural bars that the claim could have been, but was not raised at trial, and that the claim could have been, but was not raised on appeal, was proper.

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Brown v. Brown, 2050748, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Trial court correctly concluded that antenuptial agreement was valid as wife's testimony showed that she knew before marriage that husband had extensive property holdings and was aware of general extent of husband's estate. The wife's failure to seek legal advice could not void agreement as wife had general knowledge of what she was relinquishing.

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Evans v. Evans, 2060158, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Judgment requiring father to satisfy McLendon standard was affirmed because, even though child resided with father for extended period during litigation, order awarding father custody of child was pendente lite order, having been entered after ex parte hearing of which mother received no notice. Thus, burden under McLendon never shifted to mother.

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Fielding v. Fielding, 2060243/2060244, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Appellate court dismissed appeal filed involving mother's petition to modify father's postminority educational support obligation regarding parties' son, as no judgment had ruled on that motion; too, it reversed dismissal of her petition to modify father's same obligation to daughter, as trial court reserved jurisdiction to modify in that case.

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Henderson v. Henderson, 2060132, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Exception in Ala. Code ? 30-3-162(a) to the applicability of the Alabama Parent-Child Relationship Protection Act was not applicable to mother, who was married to a servicemember in U.S. Coast Guard because Act referred to "person who is on active military duty," indicating that exception applied only to servicemember, not to that person's spouse.

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Ladas Land & Dev., Inc. v. Merritt & Walding Props., L.L.P., 2060556, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Judgment was affirmed as by electing to close sale and accept deed subject to billboard easement without stating that buyer was reserving its rights under sales contract, buyer implicitly consented to merger of sales contract into deed. Seller's fraudulent inducement did not cause buyer to close as buyer learned of easement before closing.

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McCartney v. McCartney, 2041048, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Judgment was affirmed as trial court properly concluded that a husband's business stocks were separate property under Ala. Code ? 30-2-51(a) and did not include them in a property division award as the stock was acquired as a gift; there was no evidence indicating that the husband used the stock for the common benefit of the parties.

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McCutcheon v. Slade, 1051294 and 1051296, SUPREME COURT OF ALABAMA, July 27, 2007, Released
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Overview: Judgment in an action by a passenger in a vehicle arising from an auto accident was remanded for clarification of the status of the action and a companion action, because the was some inconsistency in the orders entered by the trial court, and the appellate court could not definitively conclude from the record what the trial court intended.

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Rorex v. Rorex, 2060232, COURT OF CIVIL APPEALS OF ALABAMA, July 27, 2007, Released
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Overview: Father's appeal of an order entered on his motion seeking relief from an order entered by the trial court denying his postjudgment motion challenging a divorce decision was dismissed, because the order was void, as a movant could not file a motion to reconsider a trial judge's ruling on his own post-judgment motion.

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