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| Gonzalez v. Parker, 2021031,
COURT OF CIVIL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Denial of mother's modification of custody petition was proper; she did not prove children's best interest would be materially promoted by change in custody and that inherent disruption caused by change would be offset by good brought about by it.
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| King v. State, CR-03-0674,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Where a probation revocation order contained a finding of a violation, but did not state the reasons relied upon in making the finding, the order was insufficient and the action was remanded to the trial court.
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| Kupfer v. SCI-Alabama Funeral Servs., 1022002,
SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: Because defendant failed to appeal the trial court's order denying its motion to compel arbitration, trial court exceeded its discretion in later granting defendant's motion and ordering plaintiff to arbitrate her claims against defendant.
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| Mayflower Nat'l Life Ins. Co. v. Thomas, 1021383, 1021461,
SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: Absent a rigorous analysis of the nature of the claims to be certified, the elements of the claims, and the prerequisites of class certification, an order certifying a class against an auto dealer for unfair lending practices was improper.
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| McCoo v. State, CR-03-0509,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Probation revocation order that stated merely that it was based on sworn testimony was insufficient to meet the probationer's due process requirements, was insufficient for appellate review, and was therefore improper.
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| McLaurin v. State, CR-03-0873,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Subsequent enactment of law stating that a guilty plea may be entered at any time after the filing of an information superseded law requiring waiting periods between arrest and guilty plea.
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| R.E.R. v. State, CR-03-1395,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Criminal appellate court could not hear the appeal of a denial of a motion to seal, destroy, or expunge former juvenile delinquent's juvenile records, as it only had jurisdiction over appeals of delinquency adjudications or transfers to adult court.
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| Reeves v. Reeves, 2020986,
COURT OF CIVIL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: A husband could not collaterally attack the divorce judgment by arguing that the statutory presumption for child support modification was not adequately rebutted. There was no evidence to support increasing the wife's child-support obligation.
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| Regions Bank v. Plott, 1030436,
SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: Where a bank did not give publicity to a matter concerning two of its account holders which placed them in a false light, it was entitled to judgment as a matter of law. As judgment was not entered on an intrusion claim, any challenge was moot.
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