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| Ala. Dog Hunters Ass'n v. State, 2030306,
COURT OF CIVIL APPEALS OF ALABAMA, June 18, 2004, Released
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Overview: Circuit court lacked authority under the state administrative procedure act to enjoin the Alabama Commissioner of Conservation and Natural Resources from enforcing a rule providing only for stalk hunting of deer.
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| Childersburg Bancorporation, Inc. v. Ala. Dep't of Envtl. Mgmt., 1030409,
SUPREME COURT OF ALABAMA, June 18, 2004, Released
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Overview: Where a beneficiary of funds held in trust submitted sufficient evidence that it was entitled to payment under a letter of credit, and then under a trust, and a bank, as trustee, did not dispute this fact, the beneficiary was entitled to judgment.
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| Ex parte Ederer, 1030110,
SUPREME COURT OF ALABAMA, June 18, 2004, Released
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Overview: Where it was not clear from the record that the Alabama Court of Civil Appeals determined whether there was sufficient evidence to support the trial court's judgment denying a wife's motion for increased alimony, remand was warranted.
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| Ex parte Serio, 1021443,
SUPREME COURT OF ALABAMA, June 18, 2004, Released
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Overview: Petition for a writ of mandamus was granted as to the proceedings against an insolvent insurance company, which were stayed under the Alabama Uniform Insurers Liquidation Act under an order of a New York court, as New York was a reciprocal state.
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| K.S. v. H.S., 2021168,
COURT OF CIVIL APPEALS OF ALABAMA, June 18, 2004, Released
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Overview: Where the appeals court was unable to determine whether the trial court erred in awarding a paternal grandmother visitation, and was left conclude that the trial court's judgment was supported by ore tenus testimony, said order was upheld.
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| Wheat v. State, CR-02-2171,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 18, 2004, Released
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Overview: Where defendant died while his appeal as of right was pending, the prosecution abated ab initio. Thus, the circuit court was to enter an order setting his capital murder convictions aside. But, the State retained its right to certiorari review.
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| Wilson v. Athens-Limestone Hosp., 1030013,
SUPREME COURT OF ALABAMA, June 18, 2004, Released
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Overview: In malpractice case, as decedent's doctor had no legal duty to unilaterally override medical judgment of another physician who was treating her, hospital was not vicariously liable as his employer and was properly granted judgment as a matter of law.
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