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| Ex parte Cooper Tire & Rubber Co., 1050638,
SUPREME COURT OF ALABAMA, October 26, 2007, Released
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Overview: Tire company's petition for a writ of mandamus was denied in part because information detailing the instances in which the company's design and manufacturing process had resulted in tires that failed as a result of tread separation was relevant within the context of Ala. R. Evid. 401 and Ala. R. Civ. P. 26(b) and a product-liability claim.
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| Ex parte Sawyer, 1051249 and 1051304,
SUPREME COURT OF ALABAMA, October 26, 2007, Decided
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Overview: Where petitioners' summary judgment motion, based on state-agent immunity, was untimely, court had no imperative duty to respond to it because, under Ala. Const. art. I, § 13, it had subject matter jurisdiction to consider claims filed against state agent. Thus, petitioners were not entitled to writ of mandamus compelling entry of summary judgment.
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| Gwaltney v. Russell, 1060743,
SUPREME COURT OF ALABAMA, October 26, 2007, Released
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Overview: Contract by which settlor's niece sold nephew her contingent remainder interest in trust assets provided that nephew would obtain those assets if, on trust's termination, it still contained them, and niece was still alive. As contract unambiguously precluded niece's inter vivos assignment of her interest, nephew was entitled to enforce contract.
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| Honda Mfg. of Ala., LLC v. Alford, 2060127,
COURT OF CIVIL APPEALS OF ALABAMA, October 26, 2007, Released
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Overview: An employee awarded workers' compensation for a knee injury was not entitled to recover benefits outside the schedule in Ala. Code § 25-5-57 for a back injury because no medical evidence connected medical conditions in his back to his work-related knee injury, nor did the evidence show more than a possibility that the knee injury caused back pain.
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| Janda v. Janda, 2060866,
COURT OF CIVIL APPEALS OF ALABAMA, October 26, 2007, Released
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Overview: Because the record contained substantial evidence to terminate a party's voidable marriage by entering an order of annulment, rather than a divorce, despite the fact that the wife sought to void the marriage, based on the ore tenus rule, the appeals court refused to disturb that ruling.
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| Johnson v. Huxford Pole & Timber Co., 2060087,
COURT OF CIVIL APPEALS OF ALABAMA, October 26, 2007, Released
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| State Farm Mut. Auto. Ins. Co. v. Mason, 2050488,
COURT OF CIVIL APPEALS OF ALABAMA, October 26, 2007, Released
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| Traweek v. Lincoln, 2060552,
COURT OF CIVIL APPEALS OF ALABAMA, October 26, 2007, Released
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Overview: Because the trial court erred in extended the construction of a restrictive covenant upon land within a subdivision beyond that which was not expressly stated in denying a business owner's request to place a mobile home on his property, said denial was reversed, and the matter was remanded for judgment to enter in the business owner's favor.
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| Warren v. Hooper, 1050285,
SUPREME COURT OF ALABAMA, October 26, 2007, Released
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Overview: Creditor alleged attorney's representations induced him to lend money to attorney's client, who later defaulted. Attorney was not entitled to summary judgment under Ala. R. Civ. P. 56(c) on grounds he was not the facilitator of the debt transaction, as parties' affidavits submitted to trial court created a material fact question as to this issue.
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