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| Avondale Mills, Inc. v. Gallups, 2020465,
COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2003, Released
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Overview: On company's appeal of workers' compensation award, judgment was reversed; without testimony to support that the worker had in fact reached maximum medical improvement (MMI), the trial court's assignment of the MMI date was without support.
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| Bank of Am. Corp. v. Edwards, 1011559,
SUPREME COURT OF ALABAMA, August 22, 2003, Released
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Overview: On bank's appeal of trial court's refusal to set aside default judgment, judgment was reversed; because the bank was not properly served, the trial court did not acquire jurisdiction over the bank, so the default judgment was void.
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| Bowdoin v. State, 2020257,
COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2003, Released
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Overview: On citizen's appeal of summary judgment, judgment was affirmed; because the attorney general was not served with the citizen's constitutional challenge, as required, the trial court's judgment was void and would not support an appeal.
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| Ex parte Davis, 1012402,
SUPREME COURT OF ALABAMA, August 22, 2003, Released
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Overview: Where defendant requested notice whether the prosecution intended to use his prior bad acts as evidence, and placed that request in a discovery motion, defendant had to file the motion in the trial court before the State was required to comply.
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| Godwin v. Balderamos, 2020213,
COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2003, Released
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Overview: Where mother had primary physical custody and father sought change of custody, court properly applied Ex parte McLendon standard. Further, mother's relocation did not justify change in custody, where "reduced" visitation schedule was reasonable.
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| Hill v. Nat'l Auction Group, 2020498,
COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2003, Released
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Overview: On purchaser's appeal of trial court's mandatory arbitration order, judgment was reversed; listing agent, a signatory, could not compel purchaser, a nonsignatory, to arbitrate because arbitration provision was specifically limited to signatories.
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| Love v. Fleetway Air Freight & Delivery Serv., L.L.C., 1021094,
SUPREME COURT OF ALABAMA, August 22, 2003, Released
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Overview: Summary judgment was erroneously entered in favor of a company and two of its members, where material fact issues remained as to whether the managing member withdrew from the company, and substantial evidence was lacking.
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| McDole v. Alfa Mut. Ins. Co., 1020539,
SUPREME COURT OF ALABAMA, August 22, 2003, Released
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Overview: Company's driver hit injured person. Because company was not uninsured for purposes of the accident, there was no way conservator could recover against injured person's own insurer on bad-faith claim for denial of uninsured-motorist benefits.
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| Phenix Rental Ctr. v. Batiz, 2000846,
COURT OF CIVIL APPEALS OF ALABAMA, August 22, 2003, Released
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