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| Lambert v. Coregis Ins. Co., 1040720,
SUPREME COURT OF ALABAMA, July 28, 2006, Released
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Overview: An employee was not entitled to UM benefits under a policy covering his employer's vehicles, because "occupying" a covered vehicle -- a condition for UM coverage -- did not encompass his body's glancing off the bumper of a company truck en route to the ground after being hit by a third party's vehicle.
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| Lucy-Dawson v. Boyd-Hadley, 2040828,
COURT OF CIVIL APPEALS OF ALABAMA, July 28, 2006, Released
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Overview: In legal malpractice case alleging that lawyer failed to file client's claim against decedent's estate, evidence as to decedent's assets was disputed, and trial evidence was sufficient to support jury's verdict. Trial court erred in entering a judgment as a matter of law pursuant to Ala. Code § 12-21-12 in an amount less than jury's verdict.
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| RaCON, Inc. v. Tuscaloosa County, 1031512,
SUPREME COURT OF ALABAMA, July 28, 2006, Released
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Overview: Trial court properly granted summary judgment to defendants as to a road builder's claims because the contract in question obligated the builder to construct rock buttresses without additional compensation over the bid amount, and the builder's misrepresentation claims were barred by the statute of limitations, Ala. Code § 6-2-3.
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| S.J.S. v. B.R., 2050452,
COURT OF CIVIL APPEALS OF ALABAMA, July 28, 2006, Released
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Overview: Because the record did not show that the trial court rendered a written judgment denying relief to a mother in a form that complied with Ala. R. Civ. P. 58(a) or caused the entry of such a judgment, there was no "final order" or "judgment" presented for review as to the mother, and the mother's appeal was dismissed.
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| Waite v. Waite, 1040438,
SUPREME COURT OF ALABAMA, July 28, 2006, Released
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Overview: Evidence of wife's residency in 1960 divorce was sufficient. It was of no consequence that wife did not allege or prove that she had been Alabama resident for 12 months before filing complaint, since both wife and her spouse in that case submitted to trial court's jurisdiction. Later husband had no standing to challenge validity of 1960 decree.
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| Zeller v. Bailey, 1041699,
SUPREME COURT OF ALABAMA, July 28, 2006, Released
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Overview: Defendant's Ala. R. Civ. 60(b) motion to set aside a default judgment was properly denied because (1) he lacked a meritorious defense, (2) any further delay would unfairly prejudice plaintiff, and (3) defendant's consistent refusal to respond to pleadings, motions, and court orders was blatant and intentional.
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