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| Boles v. Parris, 1030744,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: Trial court's entry of a judgment based on a jury's verdict awarding punitive damages to the estate administrator, against the doctor and professional association, was proper; Ala. Code § 6-11-21(j) excepted apportionment of punitive damages in wrongful-death actions and, thus, did not have to be apportioned between them and a third defendant.
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| Bradley Outdoor, Inc. v. Colonial Bank, 1041079,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: Trial court properly granted summary judgment to a bank in an action for a declaration that the bank was the owner of a strip of land, as the former owner of a tract of land had title to the disputed strip of land by adverse possession under Ala. Code § 6-5-200(a)(2), and the bank acquired titled to the strip of land in a judicial sale.
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| Cameron v. Tillis, 1040493,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: Order for service by publication was entered before amendment to Ala. R. Civ. P. Rule 4.3(c) took effect, and thus, service by publication on nonresident defendant was invalid on two of four required dates for service by publication. Thus, service was not validly published, and since motorist was not properly served, default judgment was void.
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| Choice Builders, Inc. v. Complete Landscape Serv., 2040507,
COURT OF CIVIL APPEALS OF ALABAMA, August 18, 2006, Released
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Overview: Trial court erred in granting summary judgment to a subcontractor as to an indemnification claim by a builder, as the indemnification claim would not have accrued until the builder's liability to home owners in the underlying suit was determined, so the indemnification claim was not barred by the statute of limitations, Ala. Code § 6-2-38(l).
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| Estelle v. Cunningham, 2050217,
COURT OF CIVIL APPEALS OF ALABAMA, August 18, 2006, Released
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Overview: Because decedent's daughter lacked a sufficient interest as an original beneficiary of her father's insurance policies to have a change as to designated beneficiary of said policies voided on the bases of undue influence and, arguably, fraud, as such interest was a mere expectancy, summary judgment against her was affirmed on appeal.
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| Ex parte Caremark RX, Inc., 1040821, 1040908, 1040977,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: A trial court abused its discretion by failing to apply Ala. R. Civ. P. 23 and Ala. Code § 6-5-641 to a misrepresentation suit brought by a formerly certified class in a separate securities litigation suit. Despite the prior certification, the trial court had to analyze the misrepresentation claims independently under the rule and statute.
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| Ex parte DaimlerChrysler Corp., 1041857,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: A strict liability and wrongful death case was dismissed under the doctrine of forum non conveniens, pursuant to Ala. Code § 6-5-430, since after a misrepresentation claim was dismissed, no connections existed between Alabama and the suit since the decedent was killed in a vehicle in Utah. Further, no witnesses resided in Alabama.
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| Ex parte Phillips, 1050076,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: Appellate court erred in affirming defendant's conviction of sexual abuse in the first degree, because the trial court's admission of unauthenticated reports that indicated that both the victim and her mother tested positive for chlamydia was not harmless error under Ala. R. App. P. 45.
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| Ex parte Vandiver, CR-05-1511,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 18, 2006, Released
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Overview: Petitioner was not entitled to a writ of mandamus directing a judge to recuse herself from defendant's trial, as the fact that the judge informed the Department of Corrections that petitioner assaulted an individual in the court room and requested that his custody classification be raised did not prove bias under Ala. Canons Jud. Ethics 3(C)(1).
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| Fogarty v. Parker, Poe, Adams, and Bernstein, L.L.P., 1040335,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: When investors sued an out-of-state law firm for alleged misrepresentations, the Alabama Legal Services Liability Act, Ala. Code § 6-5-570 et seq., was not their sole remedy as the firm did not provide legal services to the investors and was not licensed in Alabama. A cause of action for the unauthorized practice of law was recognized in Alabama.
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