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   State Courts - Alabama - September 14, 2007
  
Atchison v. Boone Newspapers, Inc., 2060308, COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: Mother's dependents were not entitled to workers' compensation benefits because she was working as an independent contractor when she was killed in auto accident while delivering companies' newspapers. The companies did not reserve the right to direct the manner in which her work was performed, and paid her based on the number of papers delivered.

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Bailey v. Sawyer, 2050707, COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: Trial court erred in refusing to instruct jury that a radical change from the bequests of prior wills raised the inference that a later will was product of undue influence. Testatrixs grandchildren were entitled to new trial under Ala. R. App. 45, as jury might have entered a verdict in their favor if it had been properly instructed.

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Barry v. Drennen , 1060752, SUPREME COURT OF ALABAMA, September 14, 2007, Released
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Overview: As Ala. Code ? 23-4-5's 30-day appeal limitation did not apply to an abutting property owner who never received notice of hearing on a proposed vacation of alley as required by Ala. Code ? 23-4-2, and owner, who received no such notice, could possibly prove his property abutted alley, dismissal of his suit challenging the vacation was premature.

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Ex parte Kelly, 1061293, SUPREME COURT OF ALABAMA, September 14, 2007, Released
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Ex parte Smiths Water & Sewer Auth., 1050329, SUPREME COURT OF ALABAMA, September 14, 2007, Released
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Overview: As suit by Lee County developers involved sewer charges imposed by Lee County sewer authority for proposed developments in Lee County, under Ala. Code ? 6-3-21.1(a), the interest of justice required that case be tried in Lee County, even though the Russell County courthouse might be slightly more convenient for some of the parties and witnesses.

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Hurley v. Hurley, 2050802, COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Mobile Infirmary Ass'n v. Tyler, 1041484, SUPREME COURT OF ALABAMA, September 14, 2007, Released
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Overview: Pursuant to Ala. Code ? 6-5-548(a), a son presented sufficient evidence from which the jury could conclude that a nurse's negligent communication of the son's mother's symptoms of pain prevented the mother from receiving the medical care that probably would have prevented her death.

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Naylor v. Naylor, 2060485, COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: Appeal was dismissed as judgment did not determine all the rights or liabilities of the parties but, instead, reserved the issue of child support pending the occurrence of a specific event, i.e., the mother's having surgery and being able to return to work, Judgment was not final and could not support appeal.

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Rogers & Willard, Inc. v. Harwood, 2060134, COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: As the Miller Act, Ala. Code ?? 8-29-1 through 8-29-8, provided for awarding attorney fees irrespective of whether a party was entitled to interest under the Act and the allowance for attorney fees found in the Miller Act was not tethered to a showing of bad faith, the trial court erred by failing to award a reasonable attorney fee to a contractor.

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Russell v. Russell, 2050655, COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: Judgment was reversed as there was not overwhelming necessity for change of custody as, although reason for change had existed when mother was addicted to drugs and undergoing treatment, mother had abstained from abusing drugs for about two and one-half years when trial ended.

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