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   State Courts - Alabama - August 12, 2005
  
Ala. Dep't of Envtl. Mgmt. v. Legal Envtl. Assistance Found., Inc., 2030878 and 2040311, COURT OF CIVIL APPEALS OF ALABAMA, August 12, 2005, Released
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Overview: Ala. Admin. Code r. 335-6-10-.12 was not invalid because its pre-promulgation statement stated that the implementation procedures had been in place since their approval by Environmental Protection Agency and that continuation of procedures was vital to Alabama Department of Environmental Management's continued fulfillment of its statutory function.

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Alves v. Bd. of Educ., 2040293, COURT OF CIVIL APPEALS OF ALABAMA, August 12, 2005, Released
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Overview: Board of education engaging in governmental function was not subject to city's zoning ordinances, and zoning board did not have authority or jurisdiction to enforce zoning ordinance regarding board of education's choice of location for new school. Grant of special exception was void, and trial court properly dismissed appeal from zoning board.

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C.E. v. C.C.H., 2040599, COURT OF CIVIL APPEALS OF ALABAMA, August 12, 2005, Released
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Overview: Mother's improved circumstances, the child's wishes to live with her mother, and allegations that the child was in need of mental-health counselling did not support a change of custody in the mother's favor as neither reason was inherently disruptive to support a change which materially promoted the child's welfare.

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City of Crossville v. Haynes, 1040126, SUPREME COURT OF ALABAMA, August 12, 2005, Released
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Overview: Trial court erred in awarding damages to an administratrix against a city, in the former's negligence action arising from her decedent's suicide, as a finding that the city's police chief was immune from liability was also to be applied to the city, and the city could not be held liable absent evidence that any suicide was foreseeable.

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Dorsey v. Greene, 2031059, COURT OF CIVIL APPEALS OF ALABAMA, August 12, 2005, Released
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Overview: On the basis of Ala. Code ? 12-21-146(a), trial court erred in refusing to consider the deposition of injured person's treating chiropractor. The error rendered suspect the judgment that injured person failed to prove damages from accident, and exclusion of deposition from trial court's consideration was probably prejudicial to injured person.

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Ex parte Lanier Worldwide, Inc., 2040112, COURT OF CIVIL APPEALS OF ALABAMA, August 12, 2005, Released
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Overview: Creditor failed to establish that it was entitled to mandamus relief as to trial court's order setting aside its judgment entered on the basis of default judgment from Georgia. Creditor had appeal as available remedy, and failed to show clear legal right to relief requested. Debtor was entitled to challenge jurisdiction of the rendering court.

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Gulf Coast Realty Co. v. Prof'l Real Estate Partners, Inc., 1031924, 1031926, 1031928, SUPREME COURT OF ALABAMA, August 12, 2005, Released
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Overview: Although sufficient consideration supported a realtor's option to buy property it leased, the developer was entitled to terminate its tenancy because sufficient notice was given to the realtor, despite the fact that the lease did not state a specific term, as the court interpreted the term under Ala. Code ? 35-9-3 to be year to year.

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Smith v. Smith, 1031744, SUPREME COURT OF ALABAMA, August 12, 2005, Released
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Overview: In a negligence action against the decedent's grandparents and his aunt, the trial court erred in holding that these individuals stood in loco parentis to the decedent, and in applying the parental-immunity doctrine to shield them from liability, as their mere act of baby-sitting the decedent was insufficient to grant them in loco parentis status.

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Stephens v. State, CR-02-0154, COURT OF CRIMINAL APPEALS OF ALABAMA, August 12, 2005, Released
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Overview: Because evidence of a prior conviction was presented to prove motive and intent, and photographs of the victims were relevant, they were properly admitted under Ala. R. Evid. 404(b), 401, 402; the jury's consideration of an invalid aggravating circumstance was harmless beyond a reasonable doubt.

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