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   State Courts - Alabama - October 20, 2000

  
Albert P. Brewer Developmental Ctr. v. Brown, 1991319, SUPREME COURT OF ALABAMA, October 20, 2000, Released
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Overview: Appellant's challenge to court order allowing pre-action discovery was dismissed because the filing of lawsuit by appellee made pre-action discovery unnecessary and made appellant's issue raised on appeal moot.

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American Commer. Barge Line Co. v. Roush, 1990952, SUPREME COURT OF ALABAMA, October 20, 2000, Released
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Overview: Trial court erred in dismissing indemnity action because federal maritime law allowed shipowners to recover the payment of maintenance and cure based on negligent conduct of a third party who precipitated claim.

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Crete Carrier Corp. v. Adair, 2990695, COURT OF CIVIL APPEALS OF ALABAMA, October 20, 2000, Released
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Overview: Since employer's liability for employee's conduct was based on respondeat superior, dismissal with prejudice of employee from action entitled employer to have verdict against it set aside.

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Ex parte Cupps, 1991117, SUPREME COURT OF ALABAMA, October 20, 2000, Released
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Overview: Defendant's torts claims did not "arise under" the forbearance agreement or loan documents; thus, he did not waive his right to a jury trial as to those claims. Trial court improperly struck his jury demands for those claims.

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Hargett v. City of Florence, 2990860, COURT OF CIVIL APPEALS OF ALABAMA, October 20, 2000, Released
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Overview: Case did not present justiciable controversy, since complaint sought only a declaration that city violated state constitution by collecting more tax revenue than was necessary to satisfy bond indebtedness.

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Jenkins v. Jenkins, 2990290, COURT OF CIVIL APPEALS OF ALABAMA, October 20, 2000, Released
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Overview: Trial court abused its discretion in only awarding alimony for five years where the parties were both 54 years old, and where evidence showed a disparity of approximately $ 44,000 between their incomes.

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McCurdy v. L.C. Props., L.L.C., 2990739, COURT OF CIVIL APPEALS OF ALABAMA, October 20, 2000, Released
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Overview: Where there was no testimony at trial that appellee, who was the named plaintiff in the complaint, was in any way related to the parties who signed the lease, appellee had no standing to sue appellant for breach of lease.

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Reynolds Metals Co. v. Department of Indus. Rels., 2990993, 2990994, 2990995, 2990996, 2990997, 2990998, 29990999, 2991000, 2991001, COURT OF CIVIL APPEALS OF ALABAMA, October 20, 2000, Released
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Schaeffer v. Maddox, 2990799, COURT OF CIVIL APPEALS OF ALABAMA, October 20, 2000, Released
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Overview: Exclusion in deed removing church property from legal description was valid and removed disputed property from deed to plaintiffs, showing father's intent not to convey disputed property to plaintiffs.

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Watson v. Wicks, 2990665, COURT OF CIVIL APPEALS OF ALABAMA, October 20, 2000, Decided
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