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   State Courts - Alabama - August 3, 2001

  
Adams v. Sanders, 2000275, COURT OF CIVIL APPEALS OF ALABAMA, August 3, 2001, Released
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Overview: Summary judgment was reversed because defendant failed to show that negligence was fully litigated in the district court and plaintiff's collision with the other driver was a reasonably foreseeable result of plaintiff-defendant's collision.

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Bailey v. Bean, 2000377, COURT OF CIVIL APPEALS OF ALABAMA, August 3, 2001, Released
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Overview: Trial court properly granted injured driver's motion for new trial when it was apparent that jury did not take into consideration damages for pain and suffering, only medical expenses.

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Davis v. Dow, 2000542, COURT OF CIVIL APPEALS OF ALABAMA, August 3, 2001, Released
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Ex parte Weeks, 1000948, SUPREME COURT OF ALABAMA, August 3, 2001, Released
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Overview: Writ of mandamus seeking to vacate discovery order compelling disclosure of audiotape recording prior to deposition denied because petitioner failed to meet burden of showing clear entitlement to relief.

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In re Anonymous, 2001070, COURT OF CIVIL APPEALS OF ALABAMA, August 3, 2001, Released
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Overview: Trial court did not abuse its discretion in denying minor's petition for waiver of consent of her guardian to abortion since the trial court made findings of fact that the minor was not mature and well-informed enough to make an abortion decision.

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Miller v. Atkinson, 2991306, COURT OF CIVIL APPEALS OF ALABAMA, August 3, 2001, Released
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Overview: Right of the child to receive support was inherent and could not be waived by mother. Because mother did not have a right to assign child support payments from the ex-husband to her attorney, the assignment was null and void.

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Moody v. Nagle, 2000104, COURT OF CIVIL APPEALS OF ALABAMA, August 3, 2001, Released
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Overview: Father's petition for custody implicitly invoked trial court's jurisdiction over visitation issue, even if issue was not raised in pleadings. Standard visitation would be used if parties could not agree upon visitation schedule.

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Providence Park, Inc. v. Mobile City Planning Comm'n, 2000134, COURT OF CIVIL APPEALS OF ALABAMA, August 3, 2001, Released
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Overview: A city planning commission's imposition of an additional 10 feet of buffer space between a proposed commercial subdivision and an existing residential subdivision was arbitrary and capricious and exceeded the commission's power.

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Selma Med. Ctr. v. Fontenot, 1991793, SUPREME COURT OF ALABAMA, August 3, 2001, Released
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Overview: Injunction against medical center's arbitration proceedings in fee dispute with doctors was reversed. As their personal-services contracts had required they move from out-of-state, they were subject to Federal Arbitration Act jurisdiction.

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