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   State Courts - Alabama - October 10, 2008
  
Bryan v. Hubbard, 1071590, 1071662, SUPREME COURT OF ALABAMA, October 10, 2008, Released
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Overview: That a candidate's opponent did not comply with statutes regulating election contests was immaterial, as political party was not determining an election contest, but was complying with Ala. Code ? 17-5-18 in revoking candidate's certificate of nomination for his failure to comply with reporting requirements of Alabama Fair Campaign Practices Act.

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Eckles v. Fort Dearborn Life Ins. Co., 1071545, SUPREME COURT OF ALABAMA, October 10, 2008, Released
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Overview: Although a circuit court had discretion to determine whether to stay any or all of the proceedings during mediation, it did not have the discretion to deny an employer's motion for mediation under Ala. Code ? 6-6-20(b)(2), Ala. Civ. Ct. Mediation R. 2; accordingly, the employer was entitled to mandamus relief.

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Hendricks v. KW Plastics, Inc., 2070324, COURT OF CIVIL APPEALS OF ALABAMA, October 10, 2008, Released
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Overview: Because a pro se employee did not appeal a judgment on a retaliatory-discharge claim and did not make specific arguments in attempting to explain the relevance of the federal and state constitutions to a workers' compensation claim, he did not substantially comply with Ala. R. App. P. 2(a)(1), 28(a)(10); thus, his action was properly dismissed.

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J.J. v. J.H.W., 2061197, 2070005, COURT OF CIVIL APPEALS OF ALABAMA, October 10, 2008, Released
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Overview: As a mother retained residual parental rights to her dependent children (Ala. Code ? 12-15-1(24)), the trial court reversibly erred by conditioning her visitation with her children upon the maternal grandparents' exercise of their own visitation rights.

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Jenkins v. State Farm Mut. Auto. Ins. Co., 2070428, COURT OF CIVIL APPEALS OF ALABAMA, October 10, 2008, Released
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Overview: As wife's loss-of-consortium claim was her independent claim and was not released by her husband's settlement with and possible release of negligent driver, she had not been required to notify her insurer of settlement so it could preserve its subrogation rights, and her potential UIM claim against insurer for loss of consortium remained viable.

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Lawson v. Brian Homes, Inc., 2040619-2040625, COURT OF CIVIL APPEALS OF ALABAMA, October 10, 2008, Released
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McLemore v. Hyundai Motor Mfg. Ala., LLC, 1070516, 1070517, SUPREME COURT OF ALABAMA, October 10, 2008, Released
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Overview: In a breach of contract action arising from options to purchase landowners' real property, a jury question existed as to whether an amended option agreement modified or waived a most-favored-nation clause in the original option agreement. Summary judgment (Ala. R. Civ. P. 56) in favor of a city's industrial development board was reversed.

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Mousseau v. City of Daphne Bd. of Zoning Adjustments, 2070334, COURT OF CIVIL APPEALS OF ALABAMA, October 10, 2008, Released
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Overview: In reviewing zoning board's ruling under Ala. Code ? 11-52-81, court's decision that property owner's mobile home was not grandfathered-in nonconforming use was not against great weight of evidence, as it was entitled to disregard testimony of owner (which contradicted her answers to interrogatories) and her relatives, who were interested parties.

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Prescott v. Prescott, 2070638, COURT OF CIVIL APPEALS OF ALABAMA, October 10, 2008, Released
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Overview: Modification of child custody was affirmed as mother failed to preserve issues as to trial court's alleged errors regarding burden of proof by raising them in a postjudgment motion, and as no transcript or other statement of the proceedings was filed, a conclusive presumption existed that the trial court's decision was supported by the evidence.

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Progressive Specialty Ins. Co. v. Wilkerson, 2070358, COURT OF CIVIL APPEALS OF ALABAMA, October 10, 2008, Released
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Overview: Arbitration award requiring tortfeasor's insurer to reimburse motorist's carrier for medical payments it made to motorist had force of judgment under Ala. Code ? 6-6-12. As insurer proved motorist breached settlement agreement with insurer by failing to reimburse her carrier for full amount of that award, it was entitled to balance due on award.

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