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| AT&T Corp. v. Surtees, 2040908,
COURT OF CIVIL APPEALS OF ALABAMA, September 8, 2006, Released
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Overview: Business privilege tax and corporate shares tax statutes imposed heavier tax burden if entity in which taxpaying corporation had invested did not do business in Alabama, were thus facially discriminatory against interstate commerce, and were "virtually per se invalid." Department had burden of showing their validity under the Commerce Clause.
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| Boutwell v. State, 1050299,
SUPREME COURT OF ALABAMA, September 8, 2006, Released
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Overview: Ala. Code § 18-1A-283, construed with Ala. Code § 18-1A-282, showed time for appeal from order of condemnation was measured "from the date of" the order of condemnation, and not from the date the order was recorded in the probate court; thus, claimant's appeal filed one day beyond time limit allowed as measured that way was properly dismissed.
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| Bradley Outdoor, Inc. v. Bd. of Zoning Adjustment, 2040915, 2040916,
COURT OF CIVIL APPEALS OF ALABAMA, September 8, 2006, Released
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Overview: 1971 Ala. Acts 2135, which granted a city the power to zone in an area outside its corporate limits, was constitutional. Because a corporation could and did appeal the denial of a billboard permit the corporation sought from the city, and even though that appeal was untimely, mandamus did not lie to compel the city to grant that permit.
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| HICA Educ. Loan Corp. v. Fielding, 2050504,
COURT OF CIVIL APPEALS OF ALABAMA, September 8, 2006, Released
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Overview: Because the record on appeal failed to justify the trial court's dismissal of a loan servicer's action against one of its debtors following his default, and the court's subsequent refusal to set aside that dismissal on the ground that the loan servicer's local counsel had not filed a formal notice of appearance, said dismissal was reversed.
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| Presley Roofing & Constr. Co. v. Lewis, 2050330,
COURT OF CIVIL APPEALS OF ALABAMA, September 8, 2006, Released
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Overview: Trial court properly denied a contractor mandamus relief, directing a city to reissue a previously revoked business license, as the contractor failed in its burden to show that it had a clear legal right to said license, and the city's failure to cite to an ordinance to support revocation did not relieve the contractor of this burden.
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| Shaw v. State ex rel. Hayes, 2050072, 2050103,
COURT OF CIVIL APPEALS OF ALABAMA, September 8, 2006, Released
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Overview: In a forfeiture action, after setting the motion for hearing, the trial court erred in granting summary judgment to the State without holding a hearing three business days before the scheduled trial date. As a result, an insurer's appeal from the trial court's ruling was rendered moot.
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| Sheeley v. Chapman, 2040960, 2040965,
COURT OF CIVIL APPEALS OF ALABAMA, September 8, 2006, Decided
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Overview: While the trial court's order of postminority support for the parties' daughter was proper, Ala. Code § 30-3-60 authorized income-withholding orders only for the collection of child support while the child was a minor. The trial court erred in ordering an income-withholding order for collection of a postminority support award.
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