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| B.D.S. v. Calhoun County Dep't of Human Res., 2020427, 2020558,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2003, Released
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Overview: Grant of a petition to terminate parents' parental rights, after initial denial, was not plainly wrong, given lack of progress on parenting skills, and admitting transcript from first hearing without giving mother a copy did not violate due process.
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| B.J.C. v. D.E., 2020453,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2003, Released
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Overview: A maternal aunt and uncle were interested parties entitled to file a termination-of-parental-rights petition. The father's parental rights were properly terminated where he had provided little support and visited infrequently.
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| Benitez v. Beck, 2020671,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2003, Released
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Overview: In dispute over purchase and sale of real estate, when trial court granted motion to enforce settlement agreement without hearing, it could not make mandatory finding that plaintiffs' attorney had authority to enter into settlement, requiring remand.
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| D.L.J. v. B.R.J., 2020122,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2003, Released
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Overview: A trial court could modify its previous legal separation judgment, including its adoption of the parties' agreement to hold marital property in joint tenancy, on a finding of a material change in circumstances.
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| Ex parte Peterson, CR-02-0874,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 1, 2003, Released
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Overview: Where a guilty plea was based on an illegally amended indictment, and thus set aside, the State had every right to proceed on the original indictment or issue a new one, without violating the Double Jeopardy Clause. Thus, mandamus was unwarranted.
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| Giambrone v. Douglas, 1020234,
SUPREME COURT OF ALABAMA, August 1, 2003, Released
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Overview: Where an issue remained as to whether a wrestling coach exercised proper judgment in wrestling with a student, he was not entitled to immunity, but where the athletic director and principal were further removed from that judgment, they were immune.
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| Smith v. Tyson Foods, Inc., 2000605,
COURT OF CIVIL APPEALS OF ALABAMA, August 1, 2003, Released
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Overview: Trial court abused its discretion in entering a default judgment against an employee's claim for workers' compensation benefits. Further, said dismissal amounted to an improper sanction, as no evidence showed she wilfully disregarded a court order.
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| Tanner v. State Farm Fire & Cas. Co., 1010888,
SUPREME COURT OF ALABAMA, August 1, 2003, Released
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Overview: Insurer owed a duty to defend and indemnify an accountant, its insured, on liability claims against him which did not allege intentional torts or misconduct. Thus, summary judgment in the insurer's favor on the issue was reversed.
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