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   State Courts - Alabama - August 23, 2002
  
Byrd v. Bentley, 1010528, SUPREME COURT OF ALABAMA, August 23, 2002, Released
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Overview: Damage award to employee on breach of contract claim was upheld. Underlying agreement was not a sale of securities, employee's performance avoided the statute of frauds, and recorded duplicate tape was not subject to the best evidence rule.

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Ex parte Avery, 1011764, SUPREME COURT OF ALABAMA, August 23, 2002, Released
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Overview: Circuit judge had no authority to direct probate judge to turn over election materials to the circuit clerk. Where criminal investigation of alleged voter fraud was initiated, district attorney had a right to the same. Mandamus was thus ordered.

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Ex parte Hails, CR-01-2135, COURT OF CRIMINAL APPEALS OF ALABAMA, August 23, 2002, Released
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Overview: The trial court erred in denying defendant a bail hearing; the trial court denied defendant, who was charged with capital murder, the opportunity to offer proof necessary to overcome a presumption of guilt in order to be entitled to bail.

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Judd v. Sandefer, 2010491, COURT OF CIVIL APPEALS OF ALABAMA, August 23, 2002, Released
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Overview: As defendant prevailing party was not the plaintiff-offeree who obtained a judgment in his favor, he was not entitled to the payment of expenses in defendant the action. Furthermore, an exception would not better serve the purposes of the rule.

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Runyans v. Littrell, 1010803, SUPREME COURT OF ALABAMA, August 23, 2002, Released
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Overview: As the homeowners did not provide alcohol at a party in which a minor was injured, they could not be held liable under Alabama's Dram Shop Act, or by way of the Open House Party statute.

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Thompson v. Case, 2000357, COURT OF CIVIL APPEALS OF ALABAMA, August 23, 2002, Released
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Overview: Time limit in probate statute meant only that persons failing to apply for letters relinquished their priority to administer estate. Nothing in statute prevented an interested party from seeking removal of an administratrix for waste and fraud.

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