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| Allen v. State, CR-02-1371,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 8, 2003, Released
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Overview: Where defendant requested probation after sentencing and then filed a late notice of appeal, the request for probation did not extend the time for appealing the judgment of conviction, and the appellate court lacked jurisdiction over the appeal.
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| Copenhagen Reinsurance Co. v. Champion Home Builders Co., 2020263,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2003, Released
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Overview: Where one piece of evidence remained from a fire-destroyed mobile home, an insurer was entitled to a trial on the merits on the issue of whether said item was defective, and caused the fire. Summary judgment was proper on the remaining claims.
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| Cunningham v. Lavoie, 1012232,
SUPREME COURT OF ALABAMA, August 8, 2003, Released
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Overview: Probate court erroneously dismissed a notice of claim to the decedent's estate filed by the decedent's son, where said claim was considered properly filed in the office of the judge of probate from which the letters testamentary were granted.
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| Ex parte K.N.L., 2020581,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2003, Released
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Overview: Soldier mother had no clear right to have a child custody matter stayed pursuant the Soldiers' and Sailors' Civil Relief Act of 1940, and therefore her request for a writ of mandamus to a juvenile court directing such a stay was denied.
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| Ex parte Manassa, CR-02-1869,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 8, 2003, Released
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Overview: Defendant's mandamus petition seeking dismissal of capital murder indictment, arguing transferred intent did not apply to capital murder, was untimely and petition's denial did not prejudice defendant, as transferred intent applied to capital murder.
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| J.A.P. v. M.M., 2020431,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2003, Released
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Overview: Trial court erred in finding a mother's son dependent, and awarding custody to his maternal grandmother, by using the best interest of the child standard, where it failed to determine that the mother was unfit to have custody.
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| McConico v. Culliver, 2020744,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2003, Released
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Overview: Trial court abused its discretion in failing to allow an inmate the opportunity to testify by deposition in a civil proceeding he filed against prison officials, and, thereafter, by dismissing his complaint for failure to prosecute.
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| Moore v. Moore, 2010349,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2003, Released
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| Musgrove Constr., Inc. v. Malley, 2020093,
COURT OF CIVIL APPEALS OF ALABAMA, August 8, 2003, Released
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Overview: Where the trial court failed to hear testimony on a motion to compel an employee to undergo an evaluation, an order denying the motion was reversed. Further, the employee's removal of his safety lanyard was not willful misconduct precluding an award.
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