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| Gilmore v. M & B Realty Co., L.L.C., 1021380,
SUPREME COURT OF ALABAMA, July 2, 2004, Released
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Overview: The trial court erred in concluding that no genuine issues of material fact existed as to whether the buyers' fraud claims were barred by the statute of limitations or whether their reliance on the realtor's representations was unreasonable.
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| Gonzalez v. Gonzalez, 2020868,
COURT OF CIVIL APPEALS OF ALABAMA, July 2, 2004, Decided
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Overview: Trial court's award of custody to a father was not supported by the evidence when the father had a drinking problem, the mother had been the children's primary caretaker, and the children wanted to live with the mother.
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| Hall v. Hall, 2021201,
COURT OF CIVIL APPEALS OF ALABAMA, July 2, 2004, Released
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Overview: Trial court did not abuse its discretion in failing to hold a wife in contempt for selling a car in violation of a pendente lite order, as both parties could have been held in contempt since the husband withdrew monies from a joint bank account.
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| J.A.P. v. L.W.A., 2030244,
COURT OF CIVIL APPEALS OF ALABAMA, July 2, 2004, Released
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Overview: Trial court erred in awarding custody of child to his father where the father did not appeal an order awarding custody to a grandmother, even though the appellate court reversed the award to the grandmother, in an appeal brought only by the mother.
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| Massey Auto., Inc. v. Norris, 1021785,
SUPREME COURT OF ALABAMA, July 2, 2004, Released
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Overview: Trial court properly denied car dealership's motion to compel arbitration, as customer was having blurred vision and could not read agreement when she signed it. The finance manager voluntarily agreed to explain the agreement, but misrepresented it.
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| McClellan v. Pennington, 1030548,
SUPREME COURT OF ALABAMA, July 2, 2004, Released
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Overview: Trial court erred in imposing resulting trust on villa for individual, as there were triable issues of fact as to whether monies received by title owner were gifts and as to whether monies contributed by title owner were loans to individual.
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| Weathers v. City of Oxford, 2030049,
COURT OF CIVIL APPEALS OF ALABAMA, July 2, 2004, Released
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Overview: General act establishing disciplinary hearing procedures did not apply to municipalities such as a city for which a previously enacted local law had established a procedure to protect city employees from arbitrary personnel decisions.
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