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| Alexander v. State, 2021143,
COURT OF CIVIL APPEALS OF ALABAMA, October 7, 2005, Released
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Overview: Since seized vehicle was worth only 20 percent more than fines assessed on drug offenses by person in possession of vehicle, and since vehicle owner knew that vehicle would be used by that person to violate Controlled Substances Act, State's condemnation of vehicle under Ala. Code ¿ 20-2-93 was not excessive fine under U.S. Const. amend. VIII.
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| Bradley v. State, 1040558,
SUPREME COURT OF ALABAMA, October 7, 2005, Released
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Overview: A jury's verdict finding a defendant guilty of second-degree assault effectively acquitted him of first-degree robbery as charged in the indictment and prevented his retrial since the State invited the error by not considering other scenarios under Ala. Code ¿ 13A-6-21 and -22 by treating the assault as a lesser included crime of the robbery.
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| Ex parte Johnston-Tombigbee Furniture Mfg. Co., 1040393,
SUPREME COURT OF ALABAMA, October 7, 2005, Released
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Overview: Absent any evidence of prejudice, the Court of Civil Appeals erred in granting summary judgment which determined that an amended complaint regarding title to a certain tract of land did not relate back to its original complaint, which sought the reformation of a deed to said land or, alternatively, to quiet title to the same, requiring remand.
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| Johnson v. Johnson, 2040403,
COURT OF CIVIL APPEALS OF ALABAMA, October 7, 2005, Released
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Overview: A husband failed to file a supersedeas bond as mandated to challenge an order affirming a sale of a marital residence as part of a divorce judgment. His appeal also resulted in the prospective buyers withdrawing their offer. Therefore, the husband's appeal was both frivolous and moot. The court awarded the wife damages and double costs.
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| Richards v. Phillips, 2030819,
COURT OF CIVIL APPEALS OF ALABAMA, October 7, 2005, Released
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Overview: Inaccurate statement in the preamble of a foreclosure notice as to the location of the property subject thereto did not render said notice invalid. However, when the debtors failed to pay their payment on its due date, the creditor was authorized to foreclose. Further, issues relating to expired temporary restraining orders were rendered moot.
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| Sullivan v. Smith, 2040335,
COURT OF CIVIL APPEALS OF ALABAMA, October 7, 2005, Released
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Overview: Parents of inmate's murder victim were testifying in quasi-judicial proceeding when they testified before parole board and so were entitled to absolute immunity. Summary judgment for parents was proper in inmate's defamation and obstruction of governmental operations suit against parents based on their testimony at inmate's parole hearing.
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