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   State Courts - Alabama - October 3, 2008
  
Blake v. Stinson, 2070398, COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2008, Released
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Overview: Judgment of dismissal was reversed as plaintiff's nearly three-year period of inactivity alone, without contumacious conduct or willful default, was insufficient to justify dismissal with prejudice under Ala. R. Civ. P. 41(b).

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Ex parte Auburn Univ., 1070174, SUPREME COURT OF ALABAMA, October 3, 2008, Released
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Overview: Mandamus issued directing trial court to address sovereign immunity defense; delay denied petitioners privilege of not being subjected to suit and right to not stand trial should immunity defenses prove dispositive. Interim director was entitled to State-agent immunity; conduct did not fall into willful, malicious, and fraudulent exception.

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Ex parte Brown, 1061663, SUPREME COURT OF ALABAMA, October 3, 2008, Released
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Overview: Any error in admitting detective's testimony that witness implicated defendant as a killer was not plain error. Even assuming that challenged evidence was inadmissible on proper objection, no miscarriage of justice caused a loss of confidence in the validity of judicial proceedings. Defendant admitted he was the killer; his DNA was at the scene.

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K.J. v. Tuscaloosa County Dep't of Human Res., 2070598 and 2070610, COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2008, Released
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Overview: Judgment was affirmed as county department of human resources properly investigated and suggested group home as viable alternative to termination of mother's parental rights. Given that there was no assurance mother would now be accepted and her less than steadfast desire to live in group home, termination of her parental rights was proper.

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Matthew's Masonry Co. v. Aldridge, 2070485, COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2008, Released
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Overview: Because the trial court did not address language in the parties' settlement agreement releasing the employer from liability for medical expenses relating to an employee's knee, its judgment was reversed and the matter was remanded for findings of fact and conclusions of law relating to that issue in accordance with Ala. Code ?? 25-5-77, 25-5-88.

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Milloy v. Woods, 2070514, COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2008, Released
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Overview: Where contractor was unlicensed as residential home builder, he lacked standing to maintain breach-of-contract claim against homeowner and trial court lacked subject-matter jurisdiction. Thus, default judgment entered in favor of contractor was void and judgment should have been set aside pursuant to homeowner's Ala. R. Civ. P. 60(b)(4) motion.

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N. Clarke Water Auth. v. Dockery, 2061173, COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2008, Released
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Overview: Trial court was unauthorized to "quiet" title in landowner under Ala. Code ? 6-6-540 because landowner admitted that he was not in peaceable possession of part of disputed property. However, the parties tried the case as boundary dispute, but remand was needed to adduce evidence of location of section line relative to the disputed property.

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T.R. v. R.C., 2060443, COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2008, Released
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Tiller v. YW Hous. Ptnrs., Ltd., 2070417, COURT OF CIVIL APPEALS OF ALABAMA, October 3, 2008, Released
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Overview: Summary judgment was reversed as lease provided for initial term of six months and thereafter, month-to-month tenancy. Periodic tenancies were recognized by Alabama law and were not void. There were fact issues as to whether lessor had caused default since lessee alleged that lessor refused to accept her March 2007 rent.

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Van Voorst v. Fed. Express Corp., 1050577, SUPREME COURT OF ALABAMA, October 3, 2008, Released
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Overview: There was no error in entering summary judgment because affidavit did not comply with Ala. R. Civ. P. 56(e) and was untimely under Ala. R. Civ. P. 6 and 56(c). Failure to hold hearing on an Ala. R. Civ. P. 59(e) motion to vacate was harmless error; substantial rights were not injuriously affected. Ala. R. Civ. P. 54(b) certification was proper.

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