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| Am. Auto. Ins. Co. v. McDonald, 1991727, 1991729,
SUPREME COURT OF ALABAMA, June 22, 2001, Released
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Overview: Legislature did not create private right of action against car rental company for selling insurance without license. Consumer could not recover premiums paid on executed contract, absent evidence of fraud or collusion.
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| C.P. v. W.M., 2991384,
COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2001, Released
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Overview: Trial court erred by awarding paternal grandparents custody of appellant mother's child without making express finding of appellant's unfitness to be entrusted with the care and upbringing of the child.
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| Carter v. Holland, 2000172,
COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2001, Released
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Overview: Trial court erred in entering summary judgment in favor of one joint account holder of a money market account, where other account holder created material fact issue as to whether he intended deposits made therein to be an inter vivos gift.
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| Dynasty Hous. v. McCollum, 2000288,
COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2001, Released
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Overview: Arbitration award in dispute over mobile home took into account settlement between buyers and another defendant. Sellers could present settlement to arbitrators or seek set-off from the trial court, but could not do both.
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| Ex parte McLeod, 1000842,
SUPREME COURT OF ALABAMA, June 22, 2001, Released
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Overview: As full-time employees were statutorily defined as those whose duties required 20 or more hours of work per week, and teacher, who taught only 12 1/2 hours per week but spent more time in preparation, was a full-time employee entitled to tenure.
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| Ex parte Speedee Cash of Ala., Inc., 1000076,
SUPREME COURT OF ALABAMA, June 22, 2001, Released
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Overview: As two class actions filed in separate courts involved at least one identical substantive issue and there was a significant overlap of parties, later-filed action was ordered stayed pending a resolution of class certification in the earlier case.
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| Ex parte Wild Wild W. Soc. Club, Inc., 1992380,
SUPREME COURT OF ALABAMA, June 22, 2001, Released
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Overview: Bar operator was improperly held liable for injury to ejected patron who was punched by security guard; it was not foreseeable that ejection would lead to guard's attack, and patron failed to show that guard was bar operator's agent.
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| Honeycutt v. Sherman, 2000475,
COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2001, Released
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Overview: Trial court erred in limiting offeree to settlement with included only the costs paid into the circuit court clerk. Under statute, she was entitled to received all properly taxable costs, regardless of whether they were paid into the court or not.
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| J.L. v. L.M., 2991338,
COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2001, Released
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Overview: Trial court erred in awarding custody of minor child to paternal grandmother, over mother's objection, without expressly determining that mother, by clear and convincing evidence, was unfit to care for the child.
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| J.P. v. State Dep't of Human Res., 2000232; 2000233,
COURT OF CIVIL APPEALS OF ALABAMA, June 22, 2001, Released
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Overview: Trial court erred in failing to consider maternal grandmother's present ability to provide for children as viable alternative to termination of parental rights. Current ability to care for was compelling in final determination.
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