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| Pleasure Island Ambulatory Ctr. v. State Health Planning & Dev. Agency, 2070404, 2070424,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: Because Ala. Code § 22-21-263(a) provided that the construction or establishment of a new health care facility required a certificate of need (CON) review, and Ala. Code § 22-21-260(4) defined "construction" to include the relocation of a facility, an owner was required to obtain a new CON to relocate its ambulatory surgery facility.
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| Simmons v. Carwell, 2070290,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: Based on the Hilburn principles, and authority applying those principles, the appeals court concluded that whether the husband's actions in attempting to stop the runaway automobile constituted an intervening and superseding cause was a question of fact to be decided by a jury, not a question of law for the court to be decided by summary judgment.
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| Smallwood v. Harrison, 2070850,
COURT OF CIVIL APPEALS OF ALABAMA, October 24, 2008, Released
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Overview: Petition for writ of mandamus was granted as buyer did not rebut partners' prima facie showing that they did not purposefully avail themselves of privilege of conducting activities in Alabama under Ala. R. Civ. P. 4.2(a)(2)(I) as they advertised car on Internet Web site. Sale was isolated contact with Alabama resident that was initiated by buyer.
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