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   State Courts - Alabama - August 22, 2008

  
Horn v. Brown, 1061656, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: As a father failed to timely respond to his daughter's request for admissions under Ala. R. Civ. P. 36, the trial court granted her summary judgment as to liability and compensatory damages. But as it had not ruled on her claim for punitive damages, its order was not final, and the father's appeal was therefore premature.

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IEC Arab Ala., Inc. v. City of Arab, 2070174, COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2008, Released
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Overview: The retroactivity provision in 1997 Ala. Acts 97-301, ? 3, permitted the Alabama Department of Revenue and a city to assess a computer manufacturer use taxes due under Ala. Code ? 40-23-62(1) back to May 1994 as the manufacturer had not filed use tax reports as required under Ala. Code ? 40-2A-7(b)(2)(a). However, penalties were inappropriate.

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Mahoney v. Loma Alta Prop. Owners Ass'n, 2060750, COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2008, Released
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Overview: It was improper to rule for a property owners association on its breach of contract and account stated claims. It did not prove that a resident owned the property, that she contracted to pay association fees, that it had an express contract with the resident, and that it had a reasonable expectation of compensation from her on an implied contract.

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MasterBrand Cabinets, Inc. v. Ruggs, 1061379, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: As claim under Ala. Code ? 25-5-8(e) alleging employer was not insured or self-insured was independent of a claim for workers' compensation benefits, a claimant's motion seeking the double-compensation penalty under ? 25-5-8(e) after employer failed to pay workers' compensation judgment was not an Ala. R. Civ. P. 59(e) motion and thus was timely.

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Portofino Seaport Vill., LLC v. William A. Welch & Hawkins-Cobb, Inc., 1070051, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: Trial court did not err in finding landowners were not unjustly enriched by investment company's successful efforts to have property annexed into city before investment company was unable to close on purchase agreement with landowners involving that property; from evidence presented, it was not apparent annexation conferred benefit on landowners.

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Truss v. Chappell, 1051093, SUPREME COURT OF ALABAMA, August 22, 2008, Released
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Overview: Driver failed to meet her burden of establishing proper service of process was made on motorist in driver's case alleging motorist caused auto accident and, thus, default judgment could not be entered against him; evidence did not show either personal service, proper residential service, or service upon agent as required by Ala. R. Civ. P. 4(c)(1).

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