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   State Courts - Alabama - September 5, 2003

  
Huntsville Utils. v. Consol. Constr. Co., 1020195, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Arbitration clause was enforceable under the FAA when the utilities purchased the material to be used by the contractor in the renovation project from sellers in 20 different states since such conduct unquestionably affected interstate commerce.

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Jones v. Alfa Mut. Ins. Co., 1010565, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Trial court improperly dismissed the insureds' bad faith claim against an insurer as barred by the statute of limitations, where the date that the insureds' claim for bad faith accrued could not be determined from the complaint.

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M.E.T. v. M.F., 2020701, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Released
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Overview: Where there was no equal protection under the state constitution, an alleged father did not discuss federal equal protection, and a paternity statute did not violate due process; the alleged father's paternity petition was properly denied.

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Moore v. John Hancock Life Ins. Co., 1020405, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Summary judgment was properly entered in favor of an insurer, and against the grantor of a trust and his children, where the grantor conceded that he lacked standing to bring the underlying suit, and the children could not claim beneficiary status.

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Preussel v. Preussel, 2020069, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Decided
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Overview: Trial court properly held father in contempt of his child support obligation, and ordered that he pay an arrearage and post-minority support. However, when the order failed to require the son maintain full-time school status, the case was remanded.

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Shades Mt. Plaza, L.L.C. v. City of Hoover, 2010891, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Released
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Overview: State statute did not mandate that only one kind of governmental entity review conditionally permitted land uses; board of zoning adjustment could review requests for special exceptions, while a planning commission could review conditional uses.

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Smith v. Smith, 2020197, COURT OF CIVIL APPEALS OF ALABAMA, September 5, 2003, Released
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Overview: Because a wife and husband owned certain property as joint tenants, a property agreement did not operate to disclaim the wife's interest in the property, and because the agreement was unambiguous, the trial court erred in considering parol evidence.

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SouthTrust Bank v. Copeland One, L.L.C., 1020727, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Ambiguity in ATM lease was construed against the lessee, who drafted the lease, and was interpreted to mean that the lessee had the right to operate either the ATM or the banking facility during the term of the ATM lease, but not both.

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Watts v. Sentry Ins., 1020995, SUPREME COURT OF ALABAMA, September 5, 2003, Released
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Overview: Even though a worker received workers' compensation benefits for injuries sustained in a motor-vehicle accident, the worker could recover underinsured-motorist benefits from the employer's automobile liability insurer.

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