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   State Courts - Alabama - October 21, 2005
  
Hunter v. Wilshire Credit Corp., 1040434, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: Because a counteroffer between a home seller and its buyers was the only enforceable document between them, outlining the buyer's sole remedy as the return of their earnest money, the circuit court did not err in entering summary judgment against the buyers in their suit seeking specific performance and damages as a result of the seller's breach.

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M.M. v. B.L., 2040731, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: Since grandparents' petition to terminate father's parental rights and adopt child was not additional pleading to proceeding awarding temporary custody, it was separate action that had to be personally served under Ala. R. Civ. P. 4(c)(1) and could not be served on father's attorney under Ala. R. Civ. P. 5(b). TPR and adoption judgments were void.

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Robbins v. Sanders, 1040437, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: A punitive damages award against a majority shareholder in a shareholder derivative action was held excessive and a remittitur was ordered where the shareholder showed that he was going to have a large negative net worth after payment of a substantial portion of the compensatory damages ordered against him.

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Shelby County Treatment Ctr. v. Edmondson, 2040205, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: In an action seeking to prevent a methadone clinic from coming into the area, the circuit court erred in granting a group of citizens injunctive relief seeking to prevent said development from occurring, as they failed to demonstrate success on the merits of their due-process claim claiming a lack of notice and opportunity to be heard.

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Shewmake v. DelGreco, 2040016, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: Trial court improperly awarded homeowners all amounts paid to contractor for remodeling, plus amounts paid for substitute contractor to repair leaky concrete deck, on breach of contract; diminished-value standard should have been applied so as not to unjustly enrich homeowners and contractor was entitled to setoff for unpaid labor and materials.

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SouthTrust Bank of Ala., N.A. v. Webb-Stiles Co., 1040827, SUPREME COURT OF ALABAMA, October 21, 2005, Released
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Overview: A trial court exceeded its discretion by enjoining a bank under Ala. Code ? 7-5-109(b) from honoring a letter of credit on grounds of fraud, because the surety had an adequate remedy at law: it could sue the principal in the U.S. to recover any money it had to pay on the principal's behalf.

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UAW Local 1155 v. Fortenberry, 2030998, COURT OF CIVIL APPEALS OF ALABAMA, October 21, 2005, Released
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Overview: Trial court erred in entering judgment that awarded permanent total disability benefits to the employee pursuant to the Alabama Workers' Compensation Act, ? 25-5-1 et seq. (Act); employee's failure to give notice of his claim to the employer within 90 days of occurrence was an absolute bar to recovery under the Act.

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