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   State Courts - Alabama - September 21, 2007

  
AmSouth Bank, N.A. v. British W. Fla., L.L.C., 2060368, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2007, Released
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Overview: Trial court properly declared that restrictive covenants limiting the use of nine contiguous beachfront lots to single-family dwellings were unenforceable, because the use of the land within a one-mile radius of the lots had changed drastically since the date of the deeds, and the original purpose of the covenants could no longer be accomplished.

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Boutwell v. State, 1050299, SUPREME COURT OF ALABAMA, September 21, 2007, Rel
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Overview: Appellate court erred in ruling that a property owner's appeal of a condemnation order was timely under Ala. Code § 18-1A-283, but the doctrine of equitable estoppel required that the appeal be treated as timely, as the owner relied to his detriment on a probate court judge's erroneous statement of the last day on which the appeal could be filed.

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Burleson v. RSR Group Fla., Inc., 1050360, SUPREME COURT OF ALABAMA, September 21, 2007, Released
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Overview: Trial court properly granted summary judgment to the distributor on estate representatives' claims under Alabama Extended Manufacturer's Liability Doctrine, Ala. Code § 6-5-500 et seq.; decedent's contributory negligence indisputably barred recovery since he should have understood danger posed when he set gun down on gun rack in an unsafe manner.

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CVS Corp. v. Smith, 2060514, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2007, Released
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Overview: In a workers' compensation action, the trial court properly determined that a worker was permanently and totally disabled, as the worker had not made complaints of similar pain prior to an on-the-job accident, and testimony by vocational experts and doctors indicated that it was unlikely that the worker could be capable of returning to work.

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Carfax, Inc. v. Browning, 1050291, SUPREME COURT OF ALABAMA, September 21, 2007, Released
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Overview: State supreme court found company and corporate parent's appeal of trial court's denial of their motion to dismiss had to be dismissed; neither issue trial court certified for appeal constituted controlling question of law as required by Ala. R. App. P. 5(a), and, thus, state supreme court concluded leave to appeal had been improvidently granted.

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Ex parte Crews, 1060840, SUPREME COURT OF ALABAMA, September 21, 2007, Released
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Ex parte Gunn, 1051754, SUPREME COURT OF ALABAMA, September 21, 2007, Released
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Overview: As the legislature specifically granted Alabama circuit courts jurisdiction to reconsider sentences under Ala. Code § 13A-5-9.1, and the plain language of § 13A-5-9.1 did not limit that jurisdiction to one motion per defendant per case, the trial court erred in dismissing an inmate's second § 13A-5-9.1 motion based on lack of jurisdiction.

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Ex parte Pearson, 1061172, SUPREME COURT OF ALABAMA, September 21, 2007, Released
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Jones Food Co. v. Shipman, 1051322, SUPREME COURT OF ALABAMA, September 21, 2007, Released
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Perkins v. Shelby County , 2060313, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2007, Released
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Overview: Trial court's ruling that deed conveying certain land was valid because county was equitably estopped from challenging its validity was error; county lacked legal power to convey or transfer title to right-of-way to alleged property owners' predecessors in interest, as property was not properly vacated pursuant to vacation statutes or abandoned.

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