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   State Courts - Alabama - August 10 - August 16, 2001

  
Aerotek, Inc. v. Burton, 2000123, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Overview: Employer asserting covenant not to compete violation against employee had protectable interest; restriction was reasonably related to that interest and was reasonable in time and place, and restriction did not impose undue hardship on employee.

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Berryman v. Berryman, 2000266, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Overview: Trial court erred in dismissing father's petition to modify his divorce decree's visitation provisions and a protection-from-abuse order where his petition averred mother refused to allow any visitation between him and the children.

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Dorgan v. Dorgan, 2000510, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Overview: The trial court's determination that the father's child support obligation should have remained unchanged was reversed because the appellate court could not discern how the trial court came to its decision.

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Godwin v. Godwin, 2000371, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Overview: Where there was no evidence of trial court's mandatory review of settlement agreement regarding child support before it was approved, or receipt of notice of compliance with child support guidelines, order enforcing agreement was reversed.

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H.P.H. Props. v. Cahaba Lumber & Millwork, 2000285, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Overview: Trial court improperly certified as final summary judgment in favor of supplier in its action for moneys owed, where purchaser's counterclaim, resolution of which could have materially affected total amount of damages, remained outstanding.

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Sanderson Group, Inc. v. Smith, 2000149 and 2000268, 2000535, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Overview: Buyer's appeal of arbitrator's award was timely. Mental anguish damages were recoverable in contract breach cases. Arbitrator's refusal to award buyer conversion damages was not contrary to law. Buyer was entitled to attorney's fees.

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State Bd. of Educ. v. McClain, 2990242, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Univ. of S. Ala. v. Escambia County, 2981181, COURT OF CIVIL APPEALS OF ALABAMA, August 10, 2001, Released
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Watson v. State, CR-00-0955, COURT OF CRIMINAL APPEALS OF ALABAMA, August 10, 2001, Released
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Overview: Appellate court would consider voluntariness of defendant's waiver of right to appeal when he pleaded guilty only if issue was properly presented to trial court by motion to withdraw plea or by motion for new trial.

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Ex parte Anonymous, 1001962, SUPREME COURT OF ALABAMA, August 16, 2001, Released
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Overview: Under ore tenus rule, affirmance of trial court's findings, based on observation of witnesses, supporting its denial of minor's petition for waiver of her guardian's consent to minor's desired abortion, was required.

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