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| Allied Prods. Corp. v. Thomas, 2040458,
COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2006, Released
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Overview: It was error for the trial court to deny a motion for relief from default judgment entered in favor of a workers' compensation claimant, pursuant to Ala. R. Civ. P. 60(b), because the claimant had not effected proper service on the corporation as required by former Ala. R. Civ. P. 4(c)(6). Service at a successor entity was not effective service.
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| Ex parte Verbena United Methodist Church, 1050952,
SUPREME COURT OF ALABAMA, September 15, 2006, Released
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Overview: Denial of motion to transfer venue to Chilton County, pursuant to Ala. Code § 6-3-21.1(a) of a member's defamation case against a church was error because evidence before trial court showed, inter alia, that 13 of the 15 members of the church's administrative council, as well as a majority of church's congregation, resided in Chilton County.
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| Gallups v. Kent, 1050034,
SUPREME COURT OF ALABAMA, September 15, 2006, Released
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Overview: Trial court's decision finding that plaintiff had an ownership interest in the property at issue, coming from the wife's original interest in the property conveyed by deed in 1929, was affirmed because a subsequent correction deed filed in 1933 was ineffective to invalidate the wife's one-half interest in the property.
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| Hanner v. Metro Bank, 1041966,
SUPREME COURT OF ALABAMA, September 15, 2006, Released
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Overview: Summary judgment granted on a declaratory judgment action and on the guardian's claims for conversion and bad faith was reversed because there were issues concerning whether or not the assignee bank had notice that the insurance policy was kept for the minor son pursuant to an earlier decree when it took the assignment.
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| James v. Brewster, 2050297,
COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2006, Released
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Overview: A matter was remanded to the trial court for redetermination of the boundary line between two properties because it was error to rely on a survey that had attempted to establish a compromise of the dispute. Use of a driveway by defendant was through a license that could be revoked and not an easement.
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| Kendrick v. Kendrick, 2050156,
COURT OF CIVIL APPEALS OF ALABAMA, September 15, 2006, Released
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Overview: In an action to quiet title, plaintiffs had presented sufficient evidence to support a finding that their use of the property at issue for approximately 30 years met the requirements of adverse possession and it was error for the trial court to grant summary judgment to defendant. Factual issues remained on the question of permissive use.
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