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| Ables v. State, 2010592,
COURT OF CIVIL APPEALS OF ALABAMA, September 6, 2002, Released
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Overview: The judgment had to be remanded, as the record lacked evidence as to the value of the owner's vehicle; therefore, the appellate court could not apply the "grossly disproportional" analysis to the offense and punishment.
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| Bergob v. Scrushy, 2001252,
COURT OF CIVIL APPEALS OF ALABAMA, September 6, 2002, Released
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Overview: In a personal injury suit following a vehicular accident, the wife failed to prove all her medical damages, but the trial court erred in denying the husband's motion for a judgment as a matter of law on the issue of his contributory negligence.
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| Cannon v. Cannon, 2010476,
COURT OF CIVIL APPEALS OF ALABAMA, September 6, 2002, Released
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Overview: Where agreement that was incorporated into divorce judgment vested husband with residence, trial court erred in modifying agreement more than 30 days after judgment by granting wife possession of residence until husband paid sum owed under agreement.
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| Commercial Union Ins. Co. v. Deshazo, 1002083, 1002084, 1002099,
SUPREME COURT OF ALABAMA, September 6, 2002, Released
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Overview: Because inspections of the insured's premises, made by the liability and workers' compensation insurers, were not made for the benefit of anyone other than the insurers, the insurers owed no duty of care to the injured employees.
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| Ex parte Bryant, 1011111,
SUPREME COURT OF ALABAMA, September 6, 2002, Released
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Overview: Due to an order in the co-defendant's case granting a motion to suppress based on a lack of probable cause involving the same evidence seized, denial of defendant's like motion was error. Affirmance of the conviction on appeal was also reversed.
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| Ex parte Emplrs. Mut. Cas. Co., 1011202,
SUPREME COURT OF ALABAMA, September 6, 2002, Released ** Note from the reporter of decisions: On April 29, 2002, the Supreme Court denied the petition for writ of mandamus, without opinion. On May 13, 2002, an application for rehearing was filed and on June 6, 2002, the Supreme Court granted that application.
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Overview: Trial court clearly erred in striking the insurer's affirmative defense alleging collusion to defraud in obtaining a consent judgment.
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| Ex parte Hall, 1010573,
SUPREME COURT OF ALABAMA, September 6, 2002, Released
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Overview: The trial court erred in denying defendant's motion to set bail in a trial for capital murder; defendant was entitled to a hearing to present proof necessary to overcome a presumption of defendant's guilt that arose from the indictment.
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| Ex parte J.A.P., 1010263,
SUPREME COURT OF ALABAMA, September 6, 2002, Released
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Overview: Trial court erred in considering the unique relationship between a victim and the juvenile who exercised a position of domination and control over her in determining whether the element of forcible compulsion for rape was established.
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| Fielding v. Fielding, 2010207,
COURT OF CIVIL APPEALS OF ALABAMA, September 6, 2002, Released
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Overview: Trial court erred in ordering the divorced husband to pay the postminority-education expenses of his two children, as this placed too great of a financial hardship on the husband.
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