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| Advantage Sales of Ala., Inc. v. Clemons, 2050755, 2051065, 2051066,
COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Because a permanent and total disability award was based, in part, on finding that an employee suffered from depression, which was not addressed in the employees pleadings and led to an opposing party's prejudice, said award was reversed, and the case was remanded for a disability determination to be made without considering said claim.
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| BB&S Gen. Contrs., Inc. v. Thornton & Assocs., 2060456,
COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Appeal was dismissed as it was error to certify under Ala. R. Civ. P. 54(b) partial summary judgments on property owner's counterclaims since appeal of first order was untimely, and issues raised in counterclaims and breach of contract claim were so closely intertwined that separate adjudication posed unreasonable risk of inconsistent results.
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| Barnett v. Quinn, 2060463,
COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Judgment was reversed as there was a fact issue remaining as to whether there was consideration supporting an alleged accord and satisfaction as the lease required the landlord to release a tenant from further obligations to pay rent and to refund the rent that the tenant had already paid and the security deposit.
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| Bearden v. Capital Bank, 2060555,
COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Any error in the failure to give a borrower notice of a summary judgment hearing in a breach of contract suit brought by a bank was harmless under Ala. R. App. P. 45 because, in the borrower's postjudgment motion, he did not attempt to argue that he had a meritorious defense such that the alleged lack of notice prejudiced him.
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| Bray v. Bray, 2060345,
COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Because the husband was authorized, pursuant to section V of the parties' settlement agreement, which was incorporated into the divorce judgment, to discontinue the wife's periodic alimony payments upon her cohabitation or remarriage, and it was undisputed that she indeed remarried, the trial court erred in denying his motion to terminate.
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| Cleburne County Comm'n v. Norton, 1060135,
SUPREME COURT OF ALABAMA, August 17, 2007, Decided
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Overview: A trial court erred in holding that Ala. Code § 11-2A-1 through 11-2A-8 was unconstitutional, as there was no violation of Ala. Const. art. I, § 22 by the limit or reduction of the salary of a supernumerary county sheriff; further, the position was not a retirement plan. No cost-of-living increase was permitted under Ala. Code § 11-2A-2(4).
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| Edwards v. Costner, 1060099,
SUPREME COURT OF ALABAMA, August 17, 2007, Released
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Overview: Trial court erred in not granting auto dealer and its principal's motion to compel arbitration of car buyer's claims, as principal established the nexus with interstate commerce required by Federal Arbitration Act, 9 U.S.C.S. § 1 et seq., by stating in his affidavit that some, if not all, of vehicles the dealer sold had traveled across state lines.
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| Ex parte Borden, 1050042,
SUPREME COURT OF ALABAMA, August 17, 2007, Decided
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Overview: As an inmate's appellate brief, which included 11 pages of argument and 25 citations to caselaw, was sufficient to apprise intermediate appellate court of his contentions with regard to his ineffective-assistance-of-counsel claims, he did not fail to comply with the Ala. R. App. P. 28(a)(10) and did not waive his claims of ineffective assistance.
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| Ex parte Onyx Waste Servs. of Fla., 2060453,
COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Decided
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Overview: Employer's petition for mandamus seeking review of denial of its motion to dismiss or transfer workers' compensation case was dismissed because it was not filed within presumptively reasonable time as required by Ala. R. App. P. 21(a)(3) and no statement of circumstances constituting good cause to consider the petition was filed with petition.
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| Gulf States Paper Corp. v. Warren, 2060016,
COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Because the trial court was not presented with substantial evidence indicating that an employee's injury to his left hand should have been compensated outside the schedule, its award of permanent partial disability benefits resulting from a nonscheduled injury to said hand had to be reversed.
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