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| Baggett v. Baggett, 2011256,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Released
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Overview: Trial court's finding that a husband engaged in actual fraud by transferring his assets to his son in an effort to defraud his former wife was supported by sufficient evidence that the husband had the capacity to form a fraudulent intent.
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| Borders v. City of Huntsville, 1020452,
SUPREME COURT OF ALABAMA, July 25, 2003, Released
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Overview: Under arguable probable cause standard, off-duty police officer was not entitled to discretionary function immunity as matter of law for arrest of injured party, who was subsequently acquitted, as factual issues surrounding the incident remained.
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| Brooks v. Hale, 2010725,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Released
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Overview: Where the trial court reserved adjudication on claims for injunctive relief and attorney fees, the opposing husband's and wife's appeal from the decision that the fee holders held the easement parcel in fee simple was not a final, appealable order.
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| D.M.P. v. State Dep't of Human Res., 2010535, 2010536,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Released
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Overview: Trial court properly found that termination of defendants' parental rights was in a child's best interests, where efforts to rehabilitate both parents were unsuccessful and where no information was presented about two possible alternative placements.
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| Ex parte City of Birmingham, 2020098,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Released
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Overview: City personnel board was not bound by rules of evidence in police officer's appeal of two suspensions and a polygraph test was thus properly considered as to one suspension. Second suspension could not stand because it was supported only by hearsay.
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| Harbar Constr. Co. v. Willis, 2020372,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Decided
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Overview: Alabama owners' dispute with the Alabama contractors who built their house in Alabama was subject to the Federal Arbitration Act, as substantial quantities of the goods used in constructing the house moved in interstate commerce.
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| Isler v. Isler, 2010714,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Released
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Overview: A trial court abused its discretion in shortening the time for notice of a trial setting in a divorce action because the hearing was set three weeks after the complaint was filed for a date three weeks after the date of notice, violating due process.
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| K.P. v. G.C., 2020381,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Released
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Overview: A second set of foster parents were not proper parties to contest a probate court's finding that the Alabama Department of Human Resources unreasonably withheld its consent to the adoption of two children by a first set of foster parents.
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| Limestone County Educ. Ass'n v. Limestone County Bd. of Educ., 2020151,
COURT OF CIVIL APPEALS OF ALABAMA, July 25, 2003, Decided
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Overview: Board of education, its members, and its superintendent properly adopted a salary schedule that effectively eliminated longevity pay because Alabama law and board policy was complied with and the affected parties were afforded the chance to respond.
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