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| Big 3 Motors, Inc. v. Hawie, 2020578,
COURT OF CIVIL APPEALS OF ALABAMA, July 16, 2004, Released
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Overview: Trial court erred in entering judgment in favor of injured parties against a company on a negligent entrustment claim where the jury awarded no compensatory or nominal damages, but awarded punitive damages.
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| Blue Cross & Blue Shield v. Hodurski, 1022154,
SUPREME COURT OF ALABAMA, July 16, 2004, Released
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Overview: Alabama's Physician Assistant Act was applicable to an insurer because a contractual relationship existed with a doctor who provided service to the insurer's insureds. Denial of claims from the doctor's physician assistants violated the Act.
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| Goodwyn, Mills & Cawood, Inc. v. Markel Ins. Co., 1021820,
SUPREME COURT OF ALABAMA, July 16, 2004, Released
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Overview: An engineering firm was liable to a contractor's surety for payment, despite the insolvency of the firm's surety, where a settlement agreement clearly provided the firm had to pay, not its surety.
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| J.O.J. v. R.R., 2021136, 2021150,
COURT OF CIVIL APPEALS OF ALABAMA, July 16, 2004, Released
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Overview: As there was no evidence as to whether deceased husband wished to persist in presumption of paternity, administrator ad litem should have been appointed to represent husband's estate and made party to paternity action brought by biological father.
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| J.W.J. v. P.K.R., 2030304,
COURT OF CIVIL APPEALS OF ALABAMA, July 16, 2004, Released
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Overview: Given that the child was four years old, that her mother had died, and that she had a close relationship with her maternal grandparents, the trial court did not abuse its discretion in awarding 62 days per year of grandparent visitation.
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| New Addition Club, Inc. v. Vaughn, 1022075,
SUPREME COURT OF ALABAMA, July 16, 2004, Released
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Overview: Nightclub's appeal was timely filed because its post-conviction motion was never ruled upon. Thus, it was deemed to have been filed the day of the trial court's judgment entry and was disposed of automatically, 90 days later.
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| Snodgrass v. Buckley, 2030104,
COURT OF CIVIL APPEALS OF ALABAMA, July 16, 2004, Released
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Overview: Trial court erred in failing to apply nonparental custody standard to a mother's petition seeking a modification of custody after an order awarded the grandparents custody and removed the mother's presumptive right to custody.
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| State v. Gaines, CR-03-1201,
COURT OF CRIMINAL APPEALS OF ALABAMA, July 16, 2004, Decided
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Overview: Although there was a conflict within the Alabama Split Sentence Act, defendant's 20-year split sentence of two years of confinement and two years of probation was illegal as the minimum confinement for a 20-year sentence was three years.
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| Wilkerson v. Waldrop, 2030327,
COURT OF CIVIL APPEALS OF ALABAMA, July 16, 2004, Released
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Overview: Parties' failure to submit the child support guidelines forms left the appellate court with no alternative but to reverse the trial court's judgment in which it denied the father's petition to modify his child support obligation.
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