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| Ex parte City of Birmingham, 2070121,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2008, Released
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Overview: Personnel board's affirmation of police officer's termination based on positive marijuana test was proper, as hearing officer found officer's testimony she did not knowingly ingest marijuana not credible; three judge panel's reversal was erroneous, as panel failed to consider hearing officer's determination as to weight and credibility of evidence.
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| Ford v. Ford, 2061052,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2008, Released
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Overview: Judgment was affirmed as father failed to prove Ala. Code ¿ 30-2-51(b) conditions required to award him portion of mother's retirement plan as he did not prove type of retirement account that mother had, what portion of benefits accrued prior to marriage, or if mother's rights to retirement benefits had vested.
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| Lynn v. Wade Stuart Family Enters., L.P., 2070096,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2008, Released
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Overview: As the description of the land in a real-estate sales contract was insufficient, and parol evidence could not be used to connect a survey to the contract, the contract was void under Ala. Code ¿ 8-9-2(5) of the statute of frauds. Thus, a limited partnership that owned land prospective buyers contracted to purchase was entitled to summary judgment.
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| Yeager v. Winstead, 2060583,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2008, Released
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Overview: Judgment was reversed as wife was entitled to postjudgment interest under Ala. R. App. P. 37 and Ala. Code ¿ 8-8-10 as language in letter that checks were being sent as "payment in full" was condition accompanying tender of checks. Wife rejected tender offer since appeal of divorce judgment was pending, and lost opportunity to invest money.
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