Alabama, October, 2002, State Case law

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State Courts - Alabama - October 18, 2002

Burton v. Teachers' Ret. Sys., 2010715, COURT OF CIVIL APPEALS OF ALABAMA, October 18, 2002, Released
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Overview: Although the record did not contain a copy of the election-of-benefits form, the widow conceded that it was unambiguous on its face. Thus, the teachers' retirement system fulfilled the deceased's clearly stated intent from the face of the form.

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Crowl v. Kayo Oil Co., 1002058, SUPREME COURT OF ALABAMA, October 18, 2002, Released
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Overview: Where an injured party failed to ascertain the premises owner's identity for over a year and a half after the expiration of the statute of limitations, other than by an address listed in a phone directory, he did not exercise due diligence.

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Daniels v. Decatur Hotel Cos., 2010650, COURT OF CIVIL APPEALS OF ALABAMA, October 18, 2002, Released
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Overview: The victim timely objected to the hotel's raising the affirmative defense for the first time in its motion for a summary judgment, and the hotel never filed an amended answer to include the defense before the motion hearing for summary judgment.

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Ex parte Bartlett, CR-01-1979, COURT OF CRIMINAL APPEALS OF ALABAMA, October 18, 2002, Released
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Overview: Twice-arrested individual's petition for writ of habeas corpus had to be denied, as he was not entitled to have set minimum bail recommended by bail schedule; hearing in circuit court cured lower court's failure to hold a bail revocation hearing.

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Ex parte Pankey, 1011274, SUPREME COURT OF ALABAMA, October 18, 2002, Released
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Ex parte R.S.C., 2010868, COURT OF CIVIL APPEALS OF ALABAMA, October 18, 2002, Released
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Overview: Father's petition for writ of mandamus was denied as premature. If timely filed, father had adequate remedy of appeal. Even if appeal was timely filed, father was not entitled to relief from the underlying judgment through postjudgment motion.

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Horne v. Gregerson's Foods, Inc., 2010512, COURT OF CIVIL APPEALS OF ALABAMA, October 18, 2002, Released
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Overview: Trial court erred in granting grocer summary judgment in negligence action where grocer failed to present evidence water on floor was not caused by employee and failed to show absence of genuine issue as to whether water was open and notorious.

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Johnson v. Stewart, 1011114, SUPREME COURT OF ALABAMA, October 18, 2002, Released
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Overview: Trial court erred in denying judgment as a matter of law against plaintiff husband and wife, who failed to lend support for their intrusion and invasion of privacy claims. Dissemination of general information was not actionable.

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Leonard v. Terminix Int'l Co., L.P., 1010555, SUPREME COURT OF ALABAMA, October 18, 2002, Released
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Overview: Termite contract's arbitration clause was unconscionable and unenforceable, as it precluded class action, only way homeowners with small claims could obtain relief. Contract was contract of adhesion that deprived homeowners of meaningful recovery.

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M.H. v. Calhoun County Dep't of Human Res., 2010721, COURT OF CIVIL APPEALS OF ALABAMA, October 18, 2002, Released
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Overview: Mother's parental rights were properly terminated, where she had history of drug and alcohol dependency, failed to maintain steady and suitable housing, and was unable to adjust circumstances to meet needs of children for safety and stability.

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