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| Andrews v. Andrews, 1031026,
SUPREME COURT OF ALABAMA, August 13, 2004, Released
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Overview: Jefferson Circuit Court lacked subject matter jurisdiction over an ex-wife's claim seeking dissolution of a limited liability company because the company's articles of organization were filed in Shelby County and not in Jefferson County.
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| Barry v. D.M. Drennen & Emma Houston Drennen Mem'l Trust, 1030827,
SUPREME COURT OF ALABAMA, August 13, 2004, Released
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Overview: Summary judgment was granted to plaintiff property owner for declaration that it held unrestricted title to wall on which defendant property owner created encroachment because plaintiff produced uncontroverted evidence that wall was on its property.
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| Blackmon v. Brazil, 1022078,
SUPREME COURT OF ALABAMA, August 13, 2004, Released
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Overview: Because law did not afford means for a child born out-of-wedlock to establish paternity until 1982, 10-year statute of limitations on illegitimate grandson's claim against grandfather's estate began running in 1982, not in 1966 when grandfather died.
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| Ex parte Jones, 2030652,
COURT OF CIVIL APPEALS OF ALABAMA, August 13, 2004, Released
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Overview: In divorce suit, wife was granted writ of mandamus directing trial court to rescind order declining to exercise jurisdiction over issue of paternity of child born prior to marriage to husband because trial court had jurisdiction over paternity issue.
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| J.A.P. v. L.W.A., 2030244,
COURT OF CIVIL APPEALS OF ALABAMA, August 13, 2004, Released
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Overview: Trial court improperly awarded custody of a son to his father after remand of case from appellate court; the father had waived his right to custody, and the remand order directed custody be resolved between the mother and a grandmother only.
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| Martin v. Dyas, 1020286,
SUPREME COURT OF ALABAMA, August 13, 2004, Released
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Overview: It was abuse of discretion to exclude testimony of patient's expert witness where expert was similarly situated physician, he had relevant expertise, and his proposed testimony was within scope of that expertise and was relevant to issue in dispute.
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| Pitts v. Gangi, 1031081,
SUPREME COURT OF ALABAMA, August 13, 2004, Released
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Overview: The foreclosure statute required the property redeemer had to pay the purchaser the purchase price paid by the bank at an earlier foreclosure sale, less the amount the bank received in insurance proceeds, rather than the price the purchaser paid.
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| Shealy v. Golden , 1030973 and 1031135,
SUPREME COURT OF ALABAMA, August 13, 2004, Released
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Overview: Mortgagor, who failed to vacate home tract, forfeited only the right to redeem home tract and pasture tract that had been sold in the same foreclosure sale, not his right to redeem subdivision tract, which had been sold in separate foreclosure sale.
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| Southeastern Meats of Pelham, Inc. v. City of Birmingham, 1030610,
SUPREME COURT OF ALABAMA, August 13, 2004, Released
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Overview: Corporation's appeal, challenging the financing for a city's department store project, was dismissed as it was an untimely collateral attack on a separate validation proceeding for the project's financing.
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