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   State Courts - Alabama - October 11, 2002
  
Anderson v. Smith's Towing Co., 2011005, COURT OF CIVIL APPEALS OF ALABAMA, October 11, 2002, Released
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Overview: As the possessors did not have a general or specific title to the vehicle, their possessory interest alone was not sufficient for the claim of conversion against the towing company that sold the vehicle.

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Auburn Med. Ctr. v. Ala. State Health Planning & Dev. Agency, 2010257, COURT OF CIVIL APPEALS OF ALABAMA, October 11, 2002, Released
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Overview: Competing healthcare facility lacked standing to appeal trial court's order affirming state health agency's two administrative decisions, as expiration of competing healthcare facility's certificate of need prevented it from bringing action at all.

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Brown Electro Mech. Sys. v. Thompson Eng'g, 1011457, SUPREME COURT OF ALABAMA, October 11, 2002, Released
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Overview: Until a defendant suffered a judgment over an electrocution by a lift and it could be shown that without lost evidence the defendant had no liability defense, a spoliation claim against a third party was premature and was properly dismissed.

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Hale v. State, 1010196, SUPREME COURT OF ALABAMA, October 11, 2002, Released
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Overview: Testimony identified all links in the chain of custody and proved the safeguarding and handling of the evidence by each link in the chain until the evidence was relinquished to the testing facility, where it was analyzed and found to be marijuana.

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Northcom, Ltd. v. James, 1002072, SUPREME COURT OF ALABAMA, October 11, 2002, Released
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Overview: Trial court erred in holding buyers waived right to arbitrate by failing to initiate such proceedings. Sellers, as parties initiating action, were required to give buyers written notice or demand for arbitration, in accordance with arbitration rules.

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S.C.D. v. Etowah County Dep't of Human Res., 2010092, COURT OF CIVIL APPEALS OF ALABAMA, October 11, 2002, Released
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Overview: In a termination of parental rights case, the attorney's trial performance did not constitute ineffective assistance of counsel. Evidence supported the trial court's judgment terminating the mother's parental rights.

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Smart Prof'l Photocopy Corp. v. Childers-Sims, 1010354, SUPREME COURT OF ALABAMA, October 11, 2002, Released
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Overview: Trial court erred in granting class certification to two classes of customers based on corporation's alleged overcharges for copying records as proof essential to support claims defeated class action's predominance and superiority elements.

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Sumlin Constr. Co., L.L.C. v. Taylor, 1010943, SUPREME COURT OF ALABAMA, October 11, 2002, Released
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Overview: The appeal was dismissed because the trial court never acquired subject-matter jurisdiction over the action. Plaintiff manager had been divested of his member status by the time of suit and was without statutory standing to bring a derivative suit.

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Travis-Johnson v. Johnson, 2010110, COURT OF CIVIL APPEALS OF ALABAMA, October 11, 2002, Released
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Overview: The wife's postjudgment motion was denied by operation of law. Thus, the trial court had no continuing jurisdiction as to those issues, and that portion of its judgment was void. The appeal was dismissed.

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Walker v. DCH Reg'l Med. Ctr., 2010183, COURT OF CIVIL APPEALS OF ALABAMA, October 11, 2002, Released
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Overview: Summary judgment grant to employer on terminated employee's retaliatory discharge claim was proper as she did not show that employer's given reason for firing her was a pretext and real reason was her filing for workers' compensation benefits.

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