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   State Courts - Alabama - November 15, 2002
  
Bryant v. First Tuskegee Bank, 2010817, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: A motion for relief from default judgment was untimely as defendant did not seek relief on the grounds of improper venue or unfair debt-collection practices until two years later. Relief from judgment was not available on grounds of improper venue .

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Carter v. Liberty Nat'l Life Ins. Co., 2010938, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: Where a second amended complaint was filed long after the applicable two-year statute of limitations expired and contained claims not made in the original complaint, the claims did not relate back to the date of the original complaint.

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Ceasco, Inc. v. Byrom, 2010541, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: Where a worker did not prove that his employment exposed him to a greater risk of being struck by lightning than that to which people were normally exposed in their everyday lives, he was not entitled to workers' compensation benefits.

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Davis v. J.F. Drake State Tech. College, 2010720, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: A college employee failed to demonstrate that the trial court erred in entering a summary judgment for the college on his claim that he had attained non-probationary status and was entitled to notice and hearing.

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Ex parte Ala. Bd. of Pardons & Paroles, CR-01-2315, COURT OF CRIMINAL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: Board of Pardons and Paroles was entitled to relief where circuit judge exceeded her authority by ordering it to provide an inmate with a new hearing and a response within 30 days. Its only obligation to the inmate was to issue a denial order.

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Ex parte City of Leeds, CR-01-2458, COURT OF CRIMINAL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: Where a de novo appeal was in the posture for trial--had defendant and his attorney appeared--a judge acted outside of his jurisdiction by reinstating defendant's appeal 18 months after it had been dismissed.

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Improved Benevolent & Protective Order of the Elks of the World v. Moss, 2020020, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: Where a national association and its grand exalted ruler did not plead or otherwise defend, and where they did not seek relief within a reasonable time, a default judgment was properly entered.

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Jones v. Clausell, 2010614, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: The trial court did not err in finding that the redemptioners had not properly exercised their right to redeem the home. The redemptioners presented no evidence to suggest why they could not have surrendered possession of the home by the deadline.

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Korn v. Korn, 2010685, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: Trial court abused its discretion in entering both a custody reversion clause and conditional alimony award, which divested the wife of custody and her spousal support if she either left the country or gained employment, respectively.

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Lary v. Valiant Ins. Co., 2010775, COURT OF CIVIL APPEALS OF ALABAMA, November 15, 2002, Released
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Overview: Where an insurer paid for two totalled vehicles, the trial court did not err in awarding the insurer title to the vehicles; where the insurer did not oppose certain claims, the trial court erred in failing to award them.

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