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| Dolberry v. Dolberry, 2031081,
COURT OF CIVIL APPEALS OF ALABAMA, July 22, 2005, Released
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Overview: Trial court abused its discretion in finding a husband in contempt for his failure to pay a debt which was clearly tied to a property settlement, and thus, said debt fell within the ambit of Ala. Const. art. I, ¿ 20, and could not be enforced by an order of imprisonment.
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| Ex parte Alfa Mut. Ins. Co., 1041060,
SUPREME COURT OF ALABAMA, July 22, 2005, Released
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Overview: Insurer's petition for a writ of mandamus was granted, and a trial court was directed to vacate its stay of the insurer's declaratory judgment action as the insurer showed a legal right to have the stay vacated to determine whether it was obligated to defend the insured, and the court exceeded the scope of its discretion when it issued the stay.
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| Ex parte Cavalier Home Builders, L.L.C., 2040281,
COURT OF CIVIL APPEALS OF ALABAMA, July 22, 2005, Released
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Overview: Circuit court could, in its discretion, determine that an employer did not meet its burden of proving that Walker County, Alabama, was an improper venue for an employee's suit against the employer under Ala. Code ¿ 6-3-7(a)(3). In the absence of a clear showing of error by a petitioner, the court could not issue the extraordinary writ of mandamus.
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| Ex parte Chris Langley Timber & Mgmt., 1031478,
SUPREME COURT OF ALABAMA, July 22, 2005, Released
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Overview: A trial court erred by granting a special administrator summary judgment and voiding a decedent's deeds based on lack of mental capacity as the buyer's evidence created a genuine issue of material fact as to whether the decedent, notwithstanding his dementia, had the capacity to execute the deeds.
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| Fred's Dep't Store v. Paschal, 2040099,
COURT OF CIVIL APPEALS OF ALABAMA, July 22, 2005, Released
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Overview: Because evidence in a customer's personal injury action against a retailer established, without dispute, all the elements of the retailer's open-and-obvious hazard affirmative defense, the trial court erred by denying the store's motions for JML.
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| Green v. Daughtrey, 2040271,
COURT OF CIVIL APPEALS OF ALABAMA, July 22, 2005, Released
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Overview: Judgment in a case that was consolidated with another case was affirmed because, pursuant to Ala. R. Civ. P. 42(a), the trial court could consolidate the discovery and pretrial issues of both cases without consolidating the trial, and the trial court properly conducted a bench trial in that case before a jury trial in the other case.
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| Jones v. Jones, 2040473,
COURT OF CIVIL APPEALS OF ALABAMA, July 22, 2005, Released
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Overview: Where the mother's wages were not increased or reduced due to health insurance coverage provided by the employer for the mother and child, the trial court erred in attributing to the mother's gross income for child support purposes of Ala. R. Jud. Admin. 32 the employer-paid portion of her health insurance benefits.
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| Madasu v. State Bd. of Dental Examiners, 2030034,
COURT OF CIVIL APPEALS OF ALABAMA, July 22, 2005, Released
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Overview: Circuit court erred in affirming a decision by the Alabama State Board of Dental Examiners to discipline a dentist for violating Ala. Code ¿ 34-9-19, by identifying herself as a specialist in a telephone directory listing when she was not certified as a specialist, because the dentist did not authorize or know of the listing in the directory.
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| Reneke v. Reneke, 2040251,
COURT OF CIVIL APPEALS OF ALABAMA, July 22, 2005, Released
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Overview: An administratrix's appeal of a probate court order, after the appellate court's dismissal of a prior appeal but before it issued its certificate of judgment, was dismissed; the probate court's order was void for a want of jurisdiction absent the certificate of judgment.
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