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State Courts -
Alabama - August 18, 2006
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Jett v. State, CR-05-1749,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 18, 2006, Released
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Overview: Defendant's new trial motion was not properly filed, as that term was used in Ala. R. Crim. P. 24.1, when he deposited said motion with the circuit court without filing it with the circuit clerk. Thus, as his notice of appeal was thereafter untimely filed, said appeal was dismissed, and his only remedy, if any, was under Ala. R. Crim. P. 32.1(f).
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Sloan Southern Homes, LLC v. McQueen, 1041893, 1041906, 1050068,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: As the punitive damages limitation of an arbitration clause was unenforceable under Alabama law, but the parties agreed to proceed to arbitration without said clause, the illegal clause was extracted. Thus, the trial court erred in denying a motion to compel the same.
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State Farm Fire & Cas. Co. v. Chestang, 1040361, 1040363,
SUPREME COURT OF ALABAMA, August 18, 2006, Released
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Overview: Because an insurer presented evidence that its insured expected or intended to injure the decedent, specifically, the insured's own testimony, a genuine issue of material fact existed as to the application of an expected or intended exclusion in the insured's homeowner's policy, precluding summary judgment against the insurer.
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