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| Borom v. Thaggard, 1040723,
SUPREME COURT OF ALABAMA, October 14, 2005, Released
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Overview: A trial court erred in granting an executrix's motion for summary judgment because the executrix had not complied with the requirements of Ala. R. Civ. P. 56, in that the motion did not contain a narrative summary of what the executrix contended were the undisputed material facts, as required by Ala. R. Civ. P. 56(c)(1).
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| Edwards v. Valentine, 1041002,
SUPREME COURT OF ALABAMA, October 14, 2005, Released
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Overview: Evidence was sufficient to establish that accident resulted from the truck owner's negligent entrustment of his truck to the unlicensed driver, where driver was the owner's brother-in-law and the owner knew of the driver's bad driving record and substance abuse and had allowed the driver to use his truck many times.
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| Ex parte Bonner, 1040761,
SUPREME COURT OF ALABAMA, October 14, 2005, Released
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Overview: Inmate was entitled to mandamus relief directing the circuit court to allow him to file an out of time appeal from an order dismissing his postconviction relief petition as the evidence showed that he was deprived, through no fault of his own, of the opportunity to file a timely notice of appeal from the said order.
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| Ex parte Case, 1041387,
SUPREME COURT OF ALABAMA, October 14, 2005, Decided
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Overview: Because the right to practice law was a property right, an attorney could not be deprived of that right without due process of law. Thus, when the Bar suspended that attorney, on an interim basis, from the practice without following the required procedural safeguards, the attorney was granted mandamus relief, and that order was dissolved.
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| Exxon Mobil Corp. v. Baldwin County, 2030468,
COURT OF CIVIL APPEALS OF ALABAMA, October 14, 2005, Released
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| Fountain v. Ingram, 1040539,
SUPREME COURT OF ALABAMA, October 14, 2005, Released
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Overview: Federal Arbitration Act, 9 U.S.C.S. ¿¿2, did not require the state's highest court to compel arbitration under a third-party beneficiary theory where a seller was not a party to an arbitration agreement between a buyer and a bank and the arbitration agreement did not identify the seller as a beneficiary of any payments "on behalf" of the buyer.
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| Gloor v. BancorpSouth Bank, 2030673,
COURT OF CIVIL APPEALS OF ALABAMA, October 14, 2005, Released
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Overview: Based on a debtor's admissions to failing to satisfy a debt and fact that the bank mistakenly surrendered the note and certificate of title to him, the bank was properly awarded judgment as to the debtor's default. Further, absent supporting evidence, summary judgment on counterclaims of breach of contract, conversion, and fraud was also upheld.
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| Killingsworth v. Killingsworth, 2030767,
COURT OF CIVIL APPEALS OF ALABAMA, October 14, 2005, Released
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Overview: Trial court erred in awarding a wife those portions of the husband's deferred retirement benefits earned after he concluded employment and benefits that would not have vested under Ala. Code ¿ 30-2-51 on salary he would earn after the divorce action was filed. But, an alimony award, based at least in part on the husband's adultery, was upheld.
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| State v. J.M.W., CR-04-2417,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 14, 2005, Released
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Overview: The State was entitled to a writ of mandamus directing vacation of a circuit judge's order allowing the release of an inmate who was to be extradited to Virginia because, under the Uniform Criminal Extradition Act, Ala. Code ¿ 15-9-1 et seq., only the State of Virginia had the power to determine whether the person held was entitled to bail.
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