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   State Courts - Alabama - September 7, 2001

  
Aetna Cas. & Sur. Co. v. Mitchell Bros., 1980950, SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Arnett v. Arnett, 2000337, COURT OF CIVIL APPEALS OF ALABAMA, September 7, 2001, Released
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Overview: Trial court erred in considering projected expenses son would have incurred in attending a university instead of a junior college as mother and father's settlement agreement stated father would pay one-half of school costs actually incurred.

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Bd. of Zoning Adjustment for Fultondale v. Summers, 1992284, SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Trial court erred in granting zoning variance because reasons were not substantial, serious, and compelling. Property could be used for permitted uses and had been used as rental property.

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Beverly Enterprises-Alabama, Inc. v. Mercy Med. Corp., 2990160, COURT OF CIVIL APPEALS OF ALABAMA, September 7, 2001, Released
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Cook v. Lloyd Noland Found., Inc., 1991148, 1992201, SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Trust beneficiaries did not have standing to seek enforcement of trust which created foundation which became non-profit corporation, but district attorney's quo warranto claim to dissolve corporation was erroneously dismissed.

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Cottingham v. McKee, 1000503, SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: The valid testamentary directives of a decedent with respect of the disposition of his remains following his death were paramount to all other considerations, including his next of kin.

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Creel v. Crim, 2990907, COURT OF CIVIL APPEALS OF ALABAMA, September 7, 2001, Released
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Overview: Evidence of owner's property line and note from tree service apologizing for over cut was substantial to find trespass and that property value was diminished. Full indemnity against neighbor was required.

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Ex parte B.D.B., 1001541, SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Ex parte Bailey, 1000499, SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Writ of mandamus granted because construction company did not claim that the amendment would result in undue delay or prejudice. Employee had a clear legal right to amend his complaint that was filed promptly.

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Ex parte Durbin, 1000775, SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Trial court did not abuse its discretion in dividing the parties' property and awarding alimony because certain stock was not marital property, and the wife was awarded other assets, alimony, an attorney fee, and payment of health insurance.

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