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| D & E Invs., L.L.C. v. Singleton, 2051014,
COURT OF CIVIL APPEALS OF ALABAMA, August 24, 2007, Released
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Overview: Award of workers' compensation benefits was improper because employer was not given timely notice of the injury pursuant to Ala. Code § 25-5-78. Worker's statement to his supervisor that he injured his back while emptying a trash can did not indicate that injury was work related, and thus was insufficient to charge employer with actual knowledge.
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| Ex parte Anderson, 1060486,
SUPREME COURT OF ALABAMA, August 24, 2007, Released
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Overview: Despite a three-year delay in his trial, defendant was not entitled to dismissal of charges on grounds his Sixth Amendment speedy trial rights were violated because he waited nearly two years after his indictment to request a final disposition and he subsequently secured a further delay, which suggested he did not consider delay to be prejudicial.
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| Ex parte HealthSouth Corp., 1060296,
SUPREME COURT OF ALABAMA, August 24, 2007, Released
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Overview: Where taxpayer intentionally listed fictitious items of personal property on its tax returns, and later amended returns to remove them, it was not entitled to tax refund based of "mistake" or "error" under Ala. Code § 40-10-160, as an intentional misrepresentation was not included in the plain meaning of either "error" or "mistake."
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| Food World v. Carey, 2060329,
COURT OF CIVIL APPEALS OF ALABAMA, August 24, 2007, Released
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Overview: Because an appeal taken by a supermarket from the district court's denial of relief from a default judgment satisfied neither of the alternatives specified in Ala. Code § 12-12-72, the Court of Civil Appeals of Alabama lacked jurisdiction to hear the appeal. Thus, it was due to be transferred to the Jefferson Circuit Court for disposition.
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| I-359, Inc. v. AmSouth Bank, 2060192,
COURT OF CIVIL APPEALS OF ALABAMA, August 24, 2007, Released
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Overview: Judgment was affirmed as lessee's claim that covenants in original lease had been breached in that lessors did not own portion of property being leased when original lease was executed alleged breaches of covenants regarding title. Ten-year statute of limitations under Ala. Code § 6-2-33(2) applied, even though covenants were in lease.
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| Kaufman v. Kaufman, 2060245,
COURT OF CIVIL APPEALS OF ALABAMA, August 24, 2007, Released
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Overview: Despite error in the trial court's receipt of additional ore tenus evidence in contravention of the order on remand, because the wife failed to present a sufficient record indicating that the trial court erred in fashioning its property-division and alimony award, said award was upheld on appeal.
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| Larkin v. Am. W. Ins. Co., 2060720,
COURT OF CIVIL APPEALS OF ALABAMA, August 24, 2007, Released
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Overview: Under Ala. R. Civ. P. 59.1(dc), district courts failure to rule on plaintiffs postjudgment motions amounted to denial of them 14 days after they were filed. As plaintiffs filed their notice of appeal in district court 14 days after court amended its order of dismissal, under Ala. Code § 12-12-70(a), plaintiffs appeal to circuit court was timely.
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| Lloyd Noland Found., Inc. v. HealthSouth Corp., 1041121,
SUPREME COURT OF ALABAMA, August 24, 2007, Released
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Overview: Trial court erred in granting corporation's motion to dismiss state lawsuit about corporation's management of hospital; res judicata did not apply, as federal court in prior case could not exercise jurisdiction over foundation's state law claims and collateral estoppel did not apply, as no issues were involved that were same as in federal case.
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| Parker v. J.C. Penney Life Ins. Co., 2060454,
COURT OF CIVIL APPEALS OF ALABAMA, August 24, 2007, Released
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Overview: Because a couple failed to submit evidence that the wife's son was covered under an insurance policy, an insurer's duty and obligation to pay benefits never arose. Thus, as a matter of law, the company did not breach the insurance policy for failing to pay those benefits. Summary judgment (Ala. R. Civ. P. 56) in favor of the insurer was proper.
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| R.G. v. C.M., 2060462,
COURT OF CIVIL APPEALS OF ALABAMA, August 24, 2007, Released
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Overview: Although the juvenile court certified the record as adequate for appellate review pursuant to Ala. R. Juv. P. 28(A)(1)(a), transcripts of the shelter-care hearing and the adjudicatory and/or dispositional hearings were not included in the record on appeal; consequently, the case was transferred to a circuit court for a trial de novo.
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