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| Cook's Pest Control, Inc. v. Boykin, 1000153,
SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Motion to compel arbitration was properly denied where scope of agreement limited enforcement to signatories, injured party's claim was not intertwined with or related to contract, and injured party disavowed third-party beneficiary status.
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| Dupaquier v. State, CR-00-1402,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: As State did not refute prisoner's allegation that he was entitled to an additional jail credit of 140 days, and because the trial court did not specifically state its reasons for dismissing appellant's habeas petition, a remand was necessary.
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| Dutton v. State, CR-00-0301,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Indictment charged misdemeanor, not felony, DUI offense because it alleged the present DUI was defendant's third conviction in five years. As municipal court, not circuit court, had exclusive original jurisdiction, the conviction was reversed.
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| Equifirst Corp. v. Ware, 1991591,
SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Company's motion to compel arbitration of homeowner's claims correctly denied as homeowner, as nonsignatory plaintiff, could not arbitrate claims that she never agreed to arbitrate.
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| Ex parte Ala. Alcoholic Bev. Control Bd., 1992121,
SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Fact that city had allowed non-conforming use store in a residential area to open delicatessen did not mean city had to allow further expansion of non-conforming use by granting license to sell beer for off-premises consumption.
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| Ex parte Carter, 1001027,
SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Court issued writ of mandamus rescinding order which taxed costs against petitioner's prison account for filing a postconviction-relief petition where circuit court did not have jurisdiction to issue that order.
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| Ex parte Dailey, 1992226,
SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: The appellate court's judgment reversing defendant's conviction for criminally negligent homicide was reversed; the appellate court erred in failing to perform a harmless-error analysis before reversing the trial court's judgment.
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| Ex parte Parish, 1992316,
SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Suicide of husband during 30 day period prior to time judgment of divorce was to become final abated and terminated divorce action.
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| Franks v. State, CR-00-0944,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2001, Released
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Overview: Appeal from the denial of a motion for postconviction relief alleging non-jurisdictional issue appropriate where defendant waived argument by failing to raise the issue at his sentencing hearing in the trial court.
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| Gadsden Budweiser Distrib. Co. v. Holland, 1000350,
SUPREME COURT OF ALABAMA, June 29, 2001, Released
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Overview: Acknowledgement form signed by employee contained an arbitration clause that evidenced a clear intent to bind employer and employee. Employee agreed to arbitrate employment-related claims against his employer.
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