Alabama, August, 2006, State Case law

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State Courts - Alabama - August 11, 2006

Barrett v. Five Star Food Serv., 2050045, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Released
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Overview: Trial court erred in granting summary judgment to an employer as to a vending attendant's appeal of the denial of her request for unemployment benefits, because a triable issue of fact existed as to whether the attendant voluntarily left her employment without good cause pursuant to Ala. Code ? 25-4-78(2) by taking extended leaves of absence.

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Extermitech, Inc. v. Glasscock, Inc., 1040308, SUPREME COURT OF ALABAMA, August 11, 2006, Released
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Overview: Trial court erred in granting summary judgment to the former operator of a pest control business as to a former operator's cross-claim seeking indemnification, as a purchase contract for the business only obligated the business to indemnify for damages arising after the closing on a home which was allegedly damaged by termites.

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Hood v. Wilson, 2050325, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Released
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Overview: Trial court improperly directed, under Ala. R. Civ. P. 54(b), that its order granting partial summary judgment to defendant in car collision case was final. Ala. R. Civ. P. 54(b) did not allow direction of final judgment as to only one aspect of damages arising from single claim. Trial court had not yet adjudicated damages relating to vehicle.

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Madasu v. Berry Co., 2050350, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Released
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Overview: Trial court properly dismissed a dentist's breach of contract and negligence claims against the publishers of a telephone book arising from mistakes in an ad in the yellow pages, because the advertising contract contained a forum selection clause to which the dentist was bound, and the dentist failed to show that Georgia was an unreasonable forum.

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Madison County Bd. of Educ. v. Wilson, 2050222, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Decided
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Overview: Hearing officer's setting aside of school board's firing of tenured teacher was arbitrary and capricious under Ala. Code ? 16-24-10(b). Whether other tenured teachers had also used school gyms to operate for-profit businesses in violation of Ala. Code ? 36-25-5(c) was not relevant to issue of whether board had good and just cause to fire teacher.

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Richardson v. Fotheringham, 2050082, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Released
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Overview: Trial court erred in denying a mother's request to be awarded primary physical custody of the parties' children and to be allowed to relocate to Hawaii, because the parties had joint custody of the children as defined in Ala. Code ? 30-3-151, and the trial court therefore applied an incorrect standard in deciding the motion.

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Roberson v. Johnson, 2050428, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Released
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Overview: As bankruptcy court's discharge of debt owed to creditor pursuant to 11 U.S.C.S. ? 524 had no effect on the creditor's rights with regard to the debtors' alleged fraudulent transfer of property to defendant before filing bankruptcy, trial court erred in granting defendant summary judgment as to creditor's suit under Alabama Fraudulent Transfer Act.

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Skelton v. J&G, LLC, 2050502, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Released
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Overview: A company's motion to dismiss plaintiffs' appeal in an action to redeem property was granted, because plaintiffs did not obtain a bond as required by Ala. R. Civ. P. 62 and Ala. R. App. P. 8(c), so the execution of the judgment was not stayed, and plaintiffs lost the right of redemption when the execution period expired, so the appeal was moot.

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Taylor v. State, CR-05-1132, COURT OF CRIMINAL APPEALS OF ALABAMA, August 11, 2006, Decided
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Overview: Trial court properly dismissed defendant's Ala. R. Crim. P. 32 postconviction relief petition regarding his guilty plea to lesser-included offense of second-degree robbery despite his claim indictment omitted element of lesser-included offense; even if true, the trial court in underlying case had subject matter jurisdiction over the prosecution.

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Webb v. Webb, 2040797, COURT OF CIVIL APPEALS OF ALABAMA, August 11, 2006, Released
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Overview: Trial court erred in granting a wife a divorce on the basis of adultery because the wife's claims that the husband admitted to having engaged in extramarital affairs were not substantiated and charges for meals and drinks by the husband while travelling on business could have been incurred for reasons other than affairs.

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