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   State Courts - Alabama - September 19, 2003
  
Ables v. State, 2010592, COURT OF CIVIL APPEALS OF ALABAMA, September 19, 2003, Released
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Ala. Alcoholic Bev. Control Bd. v. Henri-Duval Winery, L.L.C., 1010070, SUPREME COURT OF ALABAMA, September 19, 2003, Released
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Overview: Trial court erred by striking the nondiscriminatory excise tax in the Alabama Table Wine Act for violating Commerce Clause while leaving intact the discriminatory language of the Alabama Native Farm Winery Act.

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Aldridge v. Olive, 1020443, SUPREME COURT OF ALABAMA, September 19, 2003, Released
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Overview: Where specific performance was awarded to purchaser in breach of real estate contract action, purchaser was not entitled to incidental damages for lost profits; purchaser's business was new, and there were no records on which profits could be based.

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Birmingham Bd. of Educ. v. Boyd, 1020990, SUPREME COURT OF ALABAMA, September 19, 2003, Decided
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Overview: Education board that appealed injunction directing it to follow certain requirements in terminating employment did not present justiciable controversy; board had acknowledged that terms of injunction were consistent with its termination procedures.

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Cain v. Howorth, 1012339, SUPREME COURT OF ALABAMA, September 19, 2003, Released
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Overview: Patient alleged that surgeon told her he was going to perform one procedure, but he performed a different one; genuine issues of material fact as to whether the procedure was performed without her consent precluded summary judgment as to that claim.

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Chunn v. Whisenant, 1021180, SUPREME COURT OF ALABAMA, September 19, 2003, Released
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Overview: Grant of summary judgment in favor of property owner in an adult cabaret operator's action seeking, inter alia, an equitable lien on improvements made to real estate as the owner's lessee was improper because the operator did not release her claims.

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Clothier v. Counseling, Inc., 2020721, COURT OF CIVIL APPEALS OF ALABAMA, September 19, 2003, Released
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Overview: Dismissal of plaintiff's first breach of contract complaint on statute-of-limitations grounds was a final judgment that operated as an adjudication on the merits; plaintiff's refiling of same complaint two weeks later was barred by res judicata.

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Hyche Landfill, LLC v. Winston County, 1021192, SUPREME COURT OF ALABAMA, September 19, 2003, Released
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Overview: County commission did not "fail to act" on an applicant's request to expand its landfill service area because "failure to act" under the governing statute meant approve or deny the application, which the commission did when it denied the application.

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Liberty Nat'l Life Ins. Co. v. Univ. of Ala. Health Servs. Found., P.C., 1012346, SUPREME COURT OF ALABAMA, September 19, 2003, Released
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Overview: In an insurer's suit challenging a university's hospital's charges to its insureds, the insureds were necessary parties, a statute allegedly violated created no private right of action, and the hospital was protected from suit by sovereign immunity.

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Love v. Love, 2010955, COURT OF CIVIL APPEALS OF ALABAMA, September 19, 2003, Released
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Overview: Trial court lacked jurisdiction to entertain a motion to reconsider an order denying the wife's motion to correct the final decree. Moreover, the filing of said motion did not toll the limitations period for filing an appeal.

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