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   State Courts - Alabama - September 4 - September 13, 2004
  
City of Huntsville v. Lane, 1030175, SUPREME COURT OF ALABAMA, September 4, 2004, Released
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Overview: Where inverse condemnation claims asserted against a city were not fully developed by the record at the motion to dismiss phase of the litigation, its appeal from interlocutory orders dismissing two private entities was dismissed.

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Ex parte Stutts, 1031196, SUPREME COURT OF ALABAMA, September 4, 2004, Released
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Overview: Fact that jury, in convicting defendant of third-degree criminal mischief, found that defendant had caused no more than $250 in damage to the victim did not preclude trial court from ordering restitution to the victim in the amount of $2,500.

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Brackin v. Trimmier Law Firm, (1021005), (1021593), SUPREME COURT OF ALABAMA, September 10, 2004, Released
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Horwitz v. Horwitz, 2030012, COURT OF CIVIL APPEALS OF ALABAMA, September 10, 2004, Decided
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Overview: Trial court erred in failing to enter a reasonable monthly payment award toward an alimony arrearage against a father and in entering an inconsistent contempt order regarding the same and his failure to make mortgage payments on the marital home.

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M.W.W. v. B.W., 2030032, COURT OF CIVIL APPEALS OF ALABAMA, September 10, 2004, Decided
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Overview: Older daughter's inability to get along with her father and the mother's attempts to alienate younger daughter from the father justified the trial court's grant of sole custody of the younger child to the father and of the older child to the mother.

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Richardson v. Integrity Bible Church, Inc., 2030280, COURT OF CIVIL APPEALS OF ALABAMA, September 10, 2004, Decided
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Overview: Default judgment was properly entered against an individual where he offered no excuse for his failure to appear. But remand was ordered where the court failed to consider the Kirtland factors in denying a motion to set the default aside.

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Valtex, Inc. v. Brown, 2030220, COURT OF CIVIL APPEALS OF ALABAMA, September 10, 2004, Decided
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Overview: Where an employee failed to prove by clear and convincing evidence both medical and legal causation, and that the risk to which she was exposed to contributed to her cumulative stress injury, she was not entitled to workers' compensation benefits.

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Dow v. Ala. Democratic Party, 1031788, SUPREME COURT OF ALABAMA, September 13, 2004, Decided
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Overview: Democratic party had jurisdiction to consider a pre-primary challenge to a judgeship candidate's qualifications, and where it properly held that she was disqualified to run, it was entitled to summary judgment in a subsequent suit filed against it.

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