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| American Termite & Pest Control, Inc. v. Riley, 1990490,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: Denial of motion to stay court proceedings and to compel members of the putative class to submit their claims to binding arbitration was proper because the customers were the only plaintiffs and their contract did not contain an arbitration clause.
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| City of Birmingham v. Business Realty Inv. Co., 1990146,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: Res judicata operated to bar city's claim that mortgagor had to pay the total amount remaining on the debt because a prior jury verdict denied city's claim for the total amount outstanding on the loan. Thus, summary judgment was appropriate.
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| Elmore County Comm'n.v Smith, 1981750 and 1981935,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: Property owners in vicinity of road at issue failed to show they were deprived of reasonable means of access to and from their property due to petition by plaintiffs, who were abutting landowners of the public road, to close a portion of the road.
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| Ex parte Burgess, 1980810,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: Death sentence remanded, as defendant's juvenile record was improperly considered and weighed heavily in discounting mitigating circumstances in favor of one aggravating circumstance--that murder was committed during course of a robbery.
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| Ex parte Butts, 1981166,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: State immunity from suit required dismissal of a wrongful death action against a state employee in his official capacity, but the action could proceed against individual state employees because they might not be entitled to state agent immunity.
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| Ex parte City of Gadsden, 1981366,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: Municipality could not have been liable for personal injuries, because police officer who chose to chase suspect rather than mitigate dangerous conditions had been acting within discretion and was immune from suit, as was employer.
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| Ex parte Drummond Co., 1990711,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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| Ex parte E.D., 1990167,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: Motion to set aside juvenile court's judgment terminating mother's parental rights was an appropriate means of raising claim of ineffective assistance of trial counsel, and the motion was filed within a reasonable time.
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| Ex parte Elliott, 1982263,
SUPREME COURT OF ALABAMA, July 21, 2000, Released
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Overview: Trial court did not abuse its discretion in dividing marital property or in ordering wife to pay alimony, given that wife's expected annual income was more than twice that of husband, and given parties' employment prospects.
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