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   State Courts - Alabama - October 19, 2007

  
Ala. DOT v. Williams, 1060619, SUPREME COURT OF ALABAMA, October 19, 2007, Released
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Overview: The Supreme Court of Alabama declared that Ala. Code § 18-1A-211(a) established the rate of postjudgment interest applicable in an eminent domain case, therefore, a trial court erred in computing postjudgment interest at a different rate and the case was remanded for entry of a postjudgment interest award of 3.28 percent as just compensation.

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Associated Gen. Contrs. Workers Comp. Self Ins. Fund v. Williams, 2060285, COURT OF CIVIL APPEALS OF ALABAMA, October 19, 2007, Released
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Overview: Because an employee's employment was not principally localized in Alabama, he was not entitled to workers' compensation benefits under Alabama law. Thus, the trial court erred in summarily denying the self-insurance fund's claim for reimbursement of the advance payments made to the employee relating to the employer's potential liability.

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Cole v. Riley, 1050662, SUPREME COURT OF ALABAMA, October 19, 2007, Released
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Overview: Trial court properly granted summary judgment to state officials on nonprofit organization members' claim that offering driver's license exams in multiple languages violated Ala. Const. art. I, § 36.01 making English Alabama's official language; no showing was made that doing so failed to preserve and enhance English as Alabama's common language.

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Ex parte Sorsby, 1050636, SUPREME COURT OF ALABAMA, October 19, 2007, Released
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Overview: The dismissal of defendant's appeal of his guilty plea to driving under the influence was in error as Ala. R. Crim. P. 30.1 did not limit the right to appeal a district court's judgment to the circuit court for a trial de novo following a guilty plea despite defendant not reserving any issue for appeal and not filing to withdraw his guilty plea.

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Gibson v. Merrifield, 2060421, COURT OF CIVIL APPEALS OF ALABAMA, October 19, 2007, Decided
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New Gourmet Concepts, Inc. v. Siedo Invs. Co., L.L.C., 1060442, 1060473, SUPREME COURT OF ALABAMA, October 19, 2007, Released
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Overview: Finding that subtenants were not entitled to share in condemnation proceeds university paid to lessor, and which lessor shared with lessee, was error; lease was ambiguous about effect total taking of property would have on lease, meant lease did not automatically terminate upon taking, and compelled conclusion subtenants could share in proceeds.

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Stonebrook Dev., L.L.C. v. Matthews Bros. Constr. Co., 2060419, COURT OF CIVIL APPEALS OF ALABAMA, October 19, 2007, Released
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Overview: There was sufficient evidence that contract's clause, allowing developer liquidated damages of one-half of one percent of total contract price ($ 1097) for each day of delay of clause, was reasonable estimate of the probable loss. But as damages awarded was not multiple of $ 1097, damages had to be recalculated.

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T.R. v. R.C., 2060443, COURT OF CIVIL APPEALS OF ALABAMA, October 19, 2007, Released
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