Alabama, July, 2003, State Case law

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State Courts - Alabama - July 11, 2003

C.A.M. v. B.G.H., 2020316, COURT OF CIVIL APPEALS OF ALABAMA, July 11, 2003, Released
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Overview: Remand was necessary, where it was unclear what standard trial court applied in its decision to modify child custody order. Change had to materially promote child's best interest, and benefits had to more than offset disruption.

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City of Attalla v. Dean Sausage Co., 2011214, COURT OF CIVIL APPEALS OF ALABAMA, July 11, 2003, Released
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Overview: City was not required to provide sewer services to non-residents and certain businesses located in its police jurisdiction but outside corporate limits, as such service was free and untaxed. As a result of such, said services could be discontinued.

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Ex parte Ebbers, 1020931 and 1021008, SUPREME COURT OF ALABAMA, July 11, 2003, Released
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Overview: Trial court should have granted a stay of discovery as to a corporate president who was the subject of an ongoing criminal investigation, but the court properly denied a stay as to the corporation's banks as good cause for a stay was not shown.

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Galactic Emplr. Servs. v. McDorman, 2020094, COURT OF CIVIL APPEALS OF ALABAMA, July 11, 2003, Released
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Overview: Where default judgment was entered in favor of the culpable party, a corporation's CEO, the corporation's chairman and vice-president were not liable, as they owed no duty to the payroll servicer and did not participate in any fraud.

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Goldome Credit Corp. v. Player, 2020330, COURT OF CIVIL APPEALS OF ALABAMA, July 11, 2003, Released
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Overview: Where the amount of an attorney's fee award could exceed the appellate jurisdictional limit because a trial court did not determine the amount of the fees when it determined liability, the trial court's order was not properly certified as final.

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Hales v. ProEquities, Inc., 1011015, SUPREME COURT OF ALABAMA, July 11, 2003, Released
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Overview: By failing to object to a trial setting, participating in discovery, and waiting over two years before moving to compel arbitration, an investment company waived its right to compel arbitration in its account holders suit, causing them prejudice.

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Johnson v. Inv. Co. of the South, L.L.C., 2020418, COURT OF CIVIL APPEALS OF ALABAMA, July 11, 2003, Released
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Overview: Judgment was properly entered against a tenant injured on her apartment's premises, where she was merely a holdover tenant, and failed to prove that she was a licensee or an invitee subjecting the owners to an elevated duty of care.

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Petty-Fitzmaurice v. Steen, 1020560, SUPREME COURT OF ALABAMA, July 11, 2003, Released
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Overview: Trial court's communication with jurors, during deliberations, without trying to notify counsel, was presumptively prejudicial, and considering counsel's supporting affidavit on appeal was proper as opposing counsel did not object in the trial court.

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Pierce v. Pierce, 2010940, COURT OF CIVIL APPEALS OF ALABAMA, July 11, 2003, Decided
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Overview: Where a mother cancelled her plans to relocate with the children, no justification for modification of child custody existed; therefore, the trial court abused its discretion in denying the mother's motion to vacate a custody modification.

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Pool v. State, 2020059, COURT OF CIVIL APPEALS OF ALABAMA, July 11, 2003, Released
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