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| Alexander v. Jackson, 1000813,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: While trial court properly considered statute of frauds affirmative defense that was in amended complaint but not original complaint, the trial court erred in granting summary judgment since a genuine issue existed as to applicability of statute.
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| Apex Coal Corp. v. Ala. Surface Mining Comm'n, 2991244 and 2991245,
COURT OF CIVIL APPEALS OF ALABAMA, July 13, 2001, Released
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| Brown v. Brown, 2000238,
COURT OF CIVIL APPEALS OF ALABAMA, July 13, 2001, Released
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Overview: Appeal from order purporting to deny mother's postjudgment motion to set aside custody award dismissed because notice of appeal was untimely filed and trial court lacked jurisdiction to enter order; therefore, it was a nullity.
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| Chappell v. State, 1000819,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Wording of the proposed constitutional amendment on the voting ballot indicated the nature of the proposed amendment, state constitution did not require more.
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| Diamant Boart Am. Wheel Trueing Tool Co. v. Rhea, 2980696,
COURT OF CIVIL APPEALS OF ALABAMA, July 13, 2001, Released
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| Dowdell v. Vermont American Corp., 2000573,
COURT OF CIVIL APPEALS OF ALABAMA, July 13, 2001, Released
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Overview: Because employee still had full functioning of the remaining portion of the index finger she partially severed at work, she was not entitled to workers' compensation benefits pursuant to a scheduled benefit for the loss of a first phalanx.
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| Drummond Co. v. Pate, 2000212,
COURT OF CIVIL APPEALS OF ALABAMA, July 13, 2001, Released
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| Ex parte Beverly Enterprises-Alabama, Inc., 1992081,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: As the trial court, in reversing the order of the hearing officer who had reversed the order of the agency, improperly substituted its judgment for that of the hearing officer, its ruling was reversed.
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| Ex parte Fann, 1992227,
SUPREME COURT OF ALABAMA, July 13, 2001, Released
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Overview: Alabama Supreme Court overruled Fesmire standard to extent it required trial judge, without exception, once allegation of abuse had been made, to make finding on record as to whether "domestic abuse" had in fact occurred.
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