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| Ala. Dep't of Youth Servs. v. State Pers. Bd., 2070059,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: Although Ala. Code § 36-26-27(a) permitted the State Personnel Board to review a classified employee's dismissal and to impose a lesser penalty than dismissal, remand under Ala. Code § 41-22-20(k) was required because the Board's adopted findings of fact and conclusions of law conflicted with its summary conclusion to reinstate the employee.
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| Bishop State Cmty. College v. Archible, 2070379, 2070670,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: To hold that the current version of Ala. Code § 36-26-103 required less information than the former version would be to construe it so that it fell below baseline constitutional standards; thus, a college was required to provide employees notice of the reasons for their terminations in sufficient detail for them to defend against the charges.
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| Ex parte N.J.J., 1070173,
SUPREME COURT OF ALABAMA, October 24, 2008, Released
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Overview: Although physical and sexual assault occurred after employee attempted to unlock restaurant where she worked, substantial evidence indicated that the attack was not related to her employment as required by Ala. Code § 25-5-1(9) based on the racial slurs made during the attack; thus, the employee was not entitled to workers' compensation benefits.
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| Flying J Fish Farm v. Peoples Bank of Greensboro, 1061833, 1070120, 1070140,
SUPREME COURT OF ALABAMA, October 24, 2008, Released
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Overview: As catfish farmers did not show they had a fiduciary relationship with defendants--the farmers' bank, its directors, and a catfish processor--defendants had no duty to disclose material facts to the farmers. Therefore, the trial court properly dismissed the farmers' claim that defendants violated Ala. Code § 6-5-102 by suppressing material facts.
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| Franks v. Franks, 2070898,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: In her motion for pendente lite custody, mother alleged father harassed her at her place of employment. This allegation was not sufficient basis on which to conclude that father's actions endangered health or physical well-being of the child; thus, court erred in granting motion without affording the father notice and an opportunity to be heard.
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| Furrow v. Helton, 1070667,
SUPREME COURT OF ALABAMA, October 24, 2008, Released
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Overview: As a will contestant failed to offer substantial evidence that the proponent of the will exercised a dominant or controlling influence over the testatrix, her mother, or engaged in undue activity in procuring the execution of the will, trial court erred in denying the proponent's motion for a judgment as a matter of law under Ala. R. Civ. P. 50(b).
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| Harrelson v. Harrelson, 2070426,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: Summary judgment was affirmed insofar as it pertained to certificates of deposit issued by banks one and two as executor showed that testator intended that executor use power of attorney to change ownership of those CDs and had given permission for executor to do so. There was no contention that testator lacked capacity.
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| La Trace v. Webster, 2061205,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: An auctioneer's disclaimers were not effective to bar a breach-of-warranty, breach-of-contract, and misrepresentation claims under Ala. Code §§ 7-2-313 and 7-2-316 as the alleged representations that the lamps were "Tiffany" products were not accompanied by any qualifying statements indicating that the authenticity of the lamps was in doubt.
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| Martin v. Phillips, 2070351,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: A trial courts grant of partial summary judgment to an adjoining landowner on his claim for injunctive relief regarding riparian rights did not qualify as a final judgment under Ala. R. Civ. P. 54(b) as it was an interlocutory order that the defending property owner should have appealed within 14 days under Ala. R. App. P. 4(a)(1).
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