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| Bond v. Pylant, 1060568,
SUPREME COURT OF ALABAMA, August 15, 2008, Released
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Overview: Widow's will contest was properly dismissed for lack of subject-matter jurisdiction. As contest filed in probate court and transferred to circuit court under Ala. Code ¿ 43-8-198 was filed after will was admitted to probate it did not confer jurisdiction, and will contest later filed in circuit court was untimely under Ala. Code. ¿ 43-8-198.
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| Campbell v. Davison, 2070465,
COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: Judgment was affirmed as termination of father's parental rights terminated future child support obligation since support obligation was in tandem with benefits of parent-child relationship. Maintaining child's rights to financial support and father's responsibilities retained child's ties to parent who abused or neglected child.
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| Ex parte A.S., 1071104,
SUPREME COURT OF ALABAMA, August 15, 2008, Released
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Overview: Even if mother's petition for writ of mandamus filed in appellate court was timely filed, she was not entitled to it, as she did not show lack of another adequate remedy; after trial court dismissed her mandamus petition seeking to challenge granting of emergency custody to great-grandmother, mother was entitled to appeal under Ala. Code ¿ 12-22-6.
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| Ex parte Macon County Greyhound Park, Inc., 1070798,
SUPREME COURT OF ALABAMA, August 15, 2008, Released
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Overview: Statements prepared by employees of a gaming facility at the request of the gaming director were protected from discovery under Ala. R. Civ. P. 26(b)(3). The statements were prepared in anticipation of litigation after the director received a letter from a player's counsel that was reasonably taken as an indication a lawsuit was about to be filed.
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| Gilbreath v. Harbour, 2070142`,
COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: Appeal was dismissed as order purporting to certify boundary line judgment as final under Ala. R. Civ. P. 54(b) was never input into Alabama State Judicial Information System as required by Ala. R. Civ. P. 58(c), and was never entered. Rule 58(c) applied even though case was pending on appeal when it was enacted. Judgment was not final.
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| K.D.H. v. T.L.H., 2060827,
COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: Award of primary custody to father and visitation schedule were upheld where mother failed to present grounds for reversal and court was not required to follow recommendation of guardian ad litem. Trial court erred in awarding father attorney fees where mother, who did not work during marriage, was unemployed and had limited financial resources.
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| M.B. v. R.P., 2070280,
COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: As a father's brief was timely filed in the appellate court, but it was not timely served on the other parties pursuant to Ala. R. App. P. 31, given the unique facts of the case, the appellate court was not inclined to dismiss the appeal under Ala. R. App. P. 2(a)(2) based on the technicality of untimely service on the other parties.
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| Meadows v. Meadows, 2060309,
COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: Award of custody to mother of child if she relocated to distance within 60 miles of child's previous Alabama address rather than taking child to her residence in Illinois was not unconstitutional; her right to travel under U.S. Const. art. IV, ¿ 2 and Fourteenth Amendment was not infringed, as territorial restriction was in child's best interests.
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| Montgomery County Bd. of Educ. v. Addison, 2070294,
COURT OF CIVIL APPEALS OF ALABAMA, August 15, 2008, Released
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Overview: Board of education was not properly served under Ala. R. Civ. P. 4(c)(8) where service was made on an employee of the board who was not the board's chief executive officer and who had not been appointed to receive process. As proper service was not made, a default judgment entered against the board in breach of contract action was void.
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