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   State Courts - Alabama - November 8, 2002
  
Bombardier Capital, Inc. v. Williams, 2010350, COURT OF CIVIL APPEALS OF ALABAMA, November 8, 2002, Released
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Overview: The trial court lacked jurisdiction over the finance company's appeal, because the finance company failed to file notice of appeal within 42 days of the trial court's denial by law of the finance company's postjudgment motion.

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Ex parte Amerson, CR-01-2491, COURT OF CRIMINAL APPEALS OF ALABAMA, November 8, 2002, Released
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Overview: The writ of mandamus was granted as petitioner had only $ 21 in his prison account, and had properly complied with the requirements for in forma pauperis. Thus, the trial court had to state it's reasons for denying the petition.

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Ex parte Bentley, CR-02-0134, COURT OF CRIMINAL APPEALS OF ALABAMA, November 8, 2002, Released
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Overview: Defendant's petition for a writ of mandamus requiring the judge in his capital murder trial to recuse himself was denied despite defendant having sent the judge threatening letters. Defendant was not permitted to profit from his own misconduct.

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Gaulden v. Mitchell, 2010644, COURT OF CIVIL APPEALS OF ALABAMA, November 8, 2002, Released
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Overview: Seller, previous owners, and realtors were entitled to summary judgment as home buyers failed to directly inquire about the roof or basement, or request the property disclosure document which was provided. Thus, the caveat emptor rule applied.

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J.E.J. v. W.I., 2010151, COURT OF CIVIL APPEALS OF ALABAMA, November 8, 2002, Released
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Overview: The record supported the termination of parental rights as the mother's actions and her failure to attempt to alter her circumstances to better meet the needs of the children showed that she was unwilling to properly parent the children.

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S.G. v. P.C., 2010631, COURT OF CIVIL APPEALS OF ALABAMA, November 8, 2002, Released
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Overview: A trial court erroneously treated a cause as a dependency action, rather than a custody dispute. Thus, the trial court applied the wrong standard when it awarded custody to the father. It should have applied the custody-modification standard.

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Secs. Am., Inc. v. Rogers, 1011189, SUPREME COURT OF ALABAMA, November 8, 2002, Released
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Overview: Broker could not compel nonsignatory clients to engage in arbitration since they did not agree to do so. Signatory clients could not be forced to arbitrate since client agreements violated Alabama Securities Act and were thus unenforceable.

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Sharpless v. Sharpless, 2010554, COURT OF CIVIL APPEALS OF ALABAMA, November 8, 2002, Released
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T.L.D. v. C.G., 2010772, COURT OF CIVIL APPEALS OF ALABAMA, November 8, 2002, Released
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Overview: Trial court erred in finding father unable to pay and finding nonpayment was willful; thus, case was remanded to determine if fathers' voluntary unemployment was willful failure to comply with court order that he pay child support.

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Wood v. Phillips, 1002091, SUPREME COURT OF ALABAMA, November 8, 2002, Released
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Overview: As consideration of testimony of alleged oral partnership formed between parties outside of a written employment agreement that contained a merger clause violated the parol evidence rule, the jury should not have found that a partnership existed.

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