Alabama, September, 2003, State Case law

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State Courts - Alabama - September 5, 2003

B.G. v. State Dep't of Human Res., 2020577, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Released
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Overview: The termination of a mother's parental rights was not supported by clear and convincing evidence; it was never clearly explained to the mother that it was her living with her married boyfriend that was keeping her children from being returned to her.

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BE & K, Inc. v. Baker, 1020594, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Counterclaim defendants were granted permission to appeal an interlocutory order denying their motions for judgment on the pleadings; appeal was dismissed because trial court's certification did not properly identify the controlling question of law.

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Bohanon v. Edwards, 2010547, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Released
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Overview: Trial court erred in granting judgment against decedent's children in their action to quiet title to land decedent owned, where it failed to find that the father's cousin proved either adverse possession under the statute or prescription.

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Burleson v. Burleson, 2020180, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Released
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Overview: Given the short length of the marriage, father's alcoholism, improvements mother made to the marital home, and her having made all mortgage payments, trial court did not abuse its discretion in awarding mother the marital home, subject to mortgage.

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Clement Contr. Group, Inc. v. Coating Sys., L.L.C., 1021337, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Trial court did not err in determining that a subcontractor's manager was not subject to the arbitration agreement in his individual capacity, as neither the contract nor the arbitration agreement provided, but signed the manager as an agent.

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Ex parte Evans, 1020381, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Where a trial court failed to hold a hearing on the wife's motion to alter or amend a judgment of divorce, the error was not harmless because the trial court should have granted the divorce on the ground of the husband's adultery.

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Ex parte J.C., 1020824, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Trafficking in marijuana conviction was reversed where the State failed to show that a juvenile had constructive possession of 17 pounds of marijuana found in his father's bedroom and lacked any intent to exercise dominion or control over it.

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Ex parte Sawyer, 1020897, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Commissioner was entitled to State-agent immunity as to state-law claims, as challenged actions occurred while she was acting in her capacity as commissioner of a state agency, and she acted in good faith, without malice, and under no mistake of law.

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Hardee's Food Sys. v. Hood, 2020471, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Decided
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Overview: Trial court erred in considering evidence of a vocational disability, where the employee earned wages equal to or greater than her pre-injury wage, and in awarding permanent partial disability benefits above the statutory maximum.

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Hudson v. Outlet Rental Car Sales, Inc., 1020231, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Where a lessee alleged fraud in the factum, the claim challenged the very existence of a lease contract and had to be resolved by a court; therefore, the trial court erred in submitting the claim to arbitration.

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