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| Birmingham News Co. v. Horn, 1020552, 1020553, 1020554, 1020555, 1020556, 1020557,
SUPREME COURT OF ALABAMA, June 11, 2004, Released
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Overview: An arbitration panel erred in awarding damages of loss of franchise value and loss of future profits arising from a newspaper's illegal termination of newspaper dealerships, as the awards were duplicitous.
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| Chris Langley Timber & Mgmt. v. Caldwell, 2030196,
COURT OF CIVIL APPEALS OF ALABAMA, June 11, 2004, Released
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Overview: Timber contract was properly set aside as seller's declarations and witnesses' impressions of seller's normalcy did not rebut medical diagnosis as to seller's inability to absorb information or to make responsible decisions involving his affairs.
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| Ex parte Cruitt, 1022118,
SUPREME COURT OF ALABAMA, June 11, 2004, Released
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| Ex parte Shaver, 1030205,
SUPREME COURT OF ALABAMA, June 11, 2004, Released
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Overview: An anonymous telephone tip from a store that a person purchased pseudoephedrine was insufficiently reliable to establish the requisite reasonable suspicion required under Terry for an investigative stop.
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| Isom v. St. Paul Fire & Marine Ins. Co., 1021699,
SUPREME COURT OF ALABAMA, June 11, 2004, Released
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| Johnson v. Willis, 1021784,
SUPREME COURT OF ALABAMA, June 11, 2004, Released
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Overview: Where a circuit court lacked jurisdiction to enter the permanent injunction, that injunction was void. Further, as it failed to follow the proper procedure for adopting a special master's report, a preliminary injunction order was reversed.
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| Kessler v. Gillis, 2021181,
COURT OF CIVIL APPEALS OF ALABAMA, June 11, 2004, Released
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Overview: Fact issues as to attorney's duty to client and whether he breached that duty precluded summary judgment in legal malpractice case, as attorney's letter to succeeding counsel in underlying suit stated that attorney was entitled to referral fee.
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| Limestone County Water & Sewer Auth. v. City of Athens, 2020966,
COURT OF CIVIL APPEALS OF ALABAMA, June 11, 2004, Released
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Overview: City was not entitled to be reimbursed for funds it spent training a water-treatment operator, where a utility, as a public corporation, was not an entity or instrumentality of the State subject to the statutory reimbursement requirements.
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| St. Paul Fire & Marine Ins. Co. v. Christiansen Marine, Inc., 1030014,
SUPREME COURT OF ALABAMA, June 11, 2004, Released
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Overview: Pursuant to the ore tenus rule, factual findings made by a trial court with respect to an insurer's coverage of a wood chip hauler's barges under a marine insurance policy were presumed correct.
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