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   State Courts - Alabama - July 18 - July 20, 2001

  
In re Anonymous, 2001026, COURT OF CIVIL APPEALS OF ALABAMA, July 18, 2001, Released
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Dunnam v. Ovbiagele, 1000128, SUPREME COURT OF ALABAMA, July 20, 2001, Released
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Overview: The court erred in entering summary judgment on the basis of state-agent immunity, because the defendant doctors provided no statute, rule, or regulation that governed the exercise of their duties in regard to releasing persons of unsound mind.

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Ex parte Kmart Corp., 1000571, SUPREME COURT OF ALABAMA, July 20, 2001, Released
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Overview: Judgment that fibromyalgia, allegedly caused by fall of shelf on worker's shoulder, was compensable, was reversed. Evidence showed stress could cause it. She had not disclosed outside stressor to doctor. Forty percent earning capacity loss was found.

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Gray v. State, CR-00-1107, COURT OF CRIMINAL APPEALS OF ALABAMA, July 20, 2001, Released
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Overview: Appellate court did not have jurisdiction where defendant did not file written notice of his appeal from revocation of his probation. Oral appeal was ineffective because it was not made at time of sentencing.

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Peacock v. Clay, 2000065, COURT OF CIVIL APPEALS OF ALABAMA, July 20, 2001, Released
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Overview: Amendment of complaint to state correct plaintiff should have been allowed to relate back to filing of original complaint where defendants were on notice of correct party and their ability to defend was not inhibited by amendment.

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Pettit v. Pettit, 2000303, COURT OF CIVIL APPEALS OF ALABAMA, July 20, 2001, Released
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Overview: Trial court erred in not awarding the wife periodic alimony or, alternatively, reserving the issue for future consideration, due to the length of the marriage, age and health of the wife, and her limited financial resources.

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R.W.D. v. Walker County Dep't of Human Res., 2000417, 2000432, COURT OF CIVIL APPEALS OF ALABAMA, July 20, 2001, Released
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Overview: Evidence that both parents had serious drug problems, criminal records, and pending criminal charges, and that mother's two youngest children had cocaine or alcohol in their blood at birth, supported the termination of their parental rights.

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