Alabama, August, 2007, State Case law

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State Courts - Alabama - August 17, 2007

Hankins v. Crane, 2060275, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Trial court erred in granting summary judgment against resident on real estate developers' trespass claim, as evidence presented different possibilities about whether resident's driveway was permissibly placed across their lot, but summary judgment was proper that the resident was violating a deed restriction with multiple residences on one lot.

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Hobbs v. Heisey, 2060209, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Order purporting to grant father's motion to amend prior decision on parties' motions to modify custody 91 days after motion was filed was void and did not support appeal because, under Ala. R. Civ. P. 59.1, a postjudgment motion was denied by operation of law if not disposed of within 90 days. Trial court lacked jurisdiction to rule on motion.

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J.J. v. Lee County Dep't of Human Res., 2060163, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Decided
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Overview: A mother suffered from a serious and chronic mental illness that was unlikely to change in the foreseeable future, even with continued treatment, and all of the mother's mental-health experts testified that she could not independently care for her child. Therefore, termination of parental rights was appropriate, Ala. Code ? 26-18-7(a).

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McGough v. G & A, Inc., 2060145, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: In a Dram Shop Act, Ala. Code ? 6-5-71, suit against a child's employer and co-workers for providing alcohol to the child, a lack of evidence that the employer or co-workers served the child alcohol did not entitle them to summary judgment because liability could be imposed if the child's alcohol consumption on the employer's premises was allowed.

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Middleton v. Caterpillar Indus., 1050939, SUPREME COURT OF ALABAMA, August 17, 2007, Decided
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Overview: Trial court erred in granting summary judgment to corporation on theory that injured party was judicially estopped from pursuing his personal injury action against it, as he had not disclosed it as an asset in his bankruptcy case; he had not been successful in that case and lack of estoppel would not give him unfair advantage against corporation.

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Rodgers v. Rodgers, 2050957, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Conveyance of real property between a son and his parents was erroneously rescinded, as insufficient evidence was presented that a material part of the consideration was the son's agreement to support his father for life. Further, as the consideration for the father's mortgage was insufficient as a matter of law, reforming the same was harmless.

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Smith v. Math, 2060415, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Trial court erred in granting summary judgment to an attorney as to plaintiff's action alleging damages arising from the attorney's improper recording of a default judgment, as Ala. Code 6-5-573 did not apply to plaintiff's claims, and the grant of summary judgment was based solely on the premise that the statute governed the action.

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State v. Blane, 1060514, SUPREME COURT OF ALABAMA, August 17, 2007, Released
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Overview: That business owner followed what may have been unwise legal advice and did not understand ramifications of pleading guilty to misdemeanor theft did not render record of conviction inaccurate, incomplete, or misleading. Thus, trial court had no authority under Ala. Code ? 41-9-646 to modify or purge the conviction, let alone to expunge it.

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Tenax Mfg. Ala., LLC v. Holt, 2050988, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Trial court properly found that an employee had proven medical causation as to his back injury, and that he suffered a 60 percent loss of earning capacity as a result, given that the employee's MRI showed a compression fracture, a neurosurgeon's dual-mechanism diagnosis, the employee's employment history, and his own testimony about his injury.

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Thompson v. Colsa Corp., 2060266, COURT OF CIVIL APPEALS OF ALABAMA, August 17, 2007, Released
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Overview: Judgment was reversed as approval of second settlement agreement under Ala. Code ? 25-5-83 between workers' compensation claimant and employer was in error since no finding was made that agreement was in claimant's best interests, and it was plausible that claimant had not reached maximum medical improvement since she required additional surgery.

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