Alabama, August, 2008, State Case law

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State Courts - Alabama - August 22, 2008

Congleton v. Jackson County Bd. of Educ., 1070878, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: Parents sued a county board of education after their minor child was injured in a fall at a school athletic stadium, seeking damages under theories of breach of implied contract and breach of implied warranty. As board had no contract with child, parents' claims actually sounded in tort and board was thus immune under Ala. Const. art. I, ? 14.

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DelZak Builders, Inc. v. J.C. Duke & Assocs., Inc., 1070298, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: Pursuant to Ala. Code ? 6-5-440, contractor was entitled to have the roofing company's action in forum county abated in favor of action involving same claim in another county; roofing company had already filed a compulsory counterclaim in nonforum county and it did not explain why the nonforumn county could not acquire jurisdiction over its surety.

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Djibrine v. State Farm Mut. Auto. Ins. Co., 2070518, COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2008, Released
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Overview: Judgment was reversed as an operator's notice of appeal filed in the district court on October 5, 2007, was filed within 14 days of the district court's September 25, 2007, order denying his Ala. R. Civ. P. 60(b) motion as permitted by Ala. Code ? 12-12-70(a). Operator was not appealing a February 6, 2007, default judgment.

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Duncan v. City of Montgomery, 2060198, COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2008, Released
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Equip. Sales Corp. v. Gwin, 2060986, COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2008, Released
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Overview: Judgment awarding an employee benefits was reversed when a trial court failed to address the last-injurious-exposure rule in its findings of fact and conclusions of law as required by Alabama Workers' Compensation Act, Ala. Code ? 25-5-88, and did not make findings of fact and conclusions of law as to preexisting-injury and apportionment defenses.

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Ex parte Tahsin Indus. Corp., U.S.A., 1070998, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: A corporation's petition for a writ of mandamus directing a trial court to vacate its order striking its defense that the Sales Representative's Commission Contracts Act, Ala. Code ? 8-24-1 et seq., did not apply to a sales-representative's breach of contract action because there was no defect in the trial court's subject-matter jurisdiction.

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Furin v. City of Huntsville, 2070322, COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2008, Released
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Overview: Summary judgment was upheld; City presented ample evidence to negate duty element in class' Ala. Code ?? 11-47-23, 11-47-19 claim, as it performed all work it could have done without violating National Flood Insurance Act, 42 U.S.C.S. ? 4001 et seq. Expert opinion was stricken from affidavit of witness who was not qualified under Ala. R. Evid. 702.

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Gatlin v. Joiner, 2070206, COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2008, Released
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Overview: Appeal was dismissed for lack of jurisdiction as claim for permanent injunction was equitable, and omission of permanent injunction claim from jury charge was not tantamount to judgment as matter of law for defendants. There was no certification of partial judgment as final under Ala. R. Civ. P. 54(b) with respect to permanent injunction claim.

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Harris-Franklin v. Heathcock, 1071011 and 1071021, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: Although oil company's headquarters was in the forum county case had little connection with it and much stronger connection to nonforum county; relevant vehicle collision occurred in nonforum county and alleged tortfeasor pled guilty there, meaning interests of justice pursuant to Ala. Code ? 6-3-21.1 required transfer of case to nonforum county.

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Harrison v. Ala. Forever Wild Land Trust, 1070768, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: As an executor did not file suit under Ala. Code ? 6-6-540 to quiet title to property until 98 years after the deed by which the Alabama Forever Wild Land Trust claimed titled was recorded, Alabama's rule of repose, barring all suits after 20 years, was an absolute bar to the executor's action.

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