Alabama, November, 2005, State Case law

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State Courts - Alabama - November 4 - November 9, 2005

Arrington v. Mathis, 2040180, COURT OF CIVIL APPEALS OF ALABAMA, November 4, 2005, Released
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Overview: Trial court erred in dismissing plaintiff's action for want of prosecution where plaintiff, who was in prison, did everything in his power to prosecute the action, including filing motions requesting that he be brought to court for trial or that he be allowed to have his oral or written deposition taken under Ala. R. Civ. P. 30(a) and 31(a).

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Ex parte J.W.B., 1040779, SUPREME COURT OF ALABAMA, November 4, 2005, Released
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Overview: Appeals court erred in reversing probate court's denial of biological father's contest to an adoption because his failure to maintain a significant parental relationship with child constituted implied consent under Ala. Code ? 26-10A-9(a)(3) and was not justifiably excused as he was not precluded from seeing his child by mother or adoptive parents.

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Ex parte Lauderdale, 1041913, SUPREME COURT OF ALABAMA, November 4, 2005, Decided
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Ex parte Walker, 1031944, SUPREME COURT OF ALABAMA, November 4, 2005, Released
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Overview: After a balancing of the four Barker v. Wingo speedy trial factors, a 50-month delay in defendant's case did not prejudice her, and she could not rely on the length of said delay, standing alone, to establish prejudice. Hence, absent any actual or presumed prejudice, the delay did not violate her right to a speedy trial.

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Harmon v. Harmon, 2031063, COURT OF CIVIL APPEALS OF ALABAMA, November 4, 2005, Released
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Overview: Given the marital property award to the wife, the trial court did not err in its award of periodic alimony nor in denying her an interest in the husband's ownership in his company. But, absent evidence that the trial court complied with Ala. R. Jud. Admin. 32 in computing child support, the case was remanded for compliance with the rule.

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McClelland v. Simon-Williamson Clinic, P.C., 2031075, COURT OF CIVIL APPEALS OF ALABAMA, November 4, 2005, Released
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Overview: Doctor's injuries from a traffic accident while driving to a hospital for his regular morning rounds did not arise out of and in the course the doctor's employment with a clinic. The doctor's cell phone call with a patient and agreement to meet with the patient did not convert his otherwise normal commute into a "dual purpose" trip.

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Moseley Grocery v. State Dep't of Pub. Health, 2040584, COURT OF CIVIL APPEALS OF ALABAMA, November 4, 2005, Released
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Overview: Store's three-year disqualification from participation in the WIC program upon a finding that it engaged in a pattern of overcharging the Department of Public Health was upheld, as the store failed to show any prejudice warranting reversal, it had adequate notice of the charges, and its equal protection and due process rights were protected.

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Sumlin v. Sumlin, 2040238, COURT OF CIVIL APPEALS OF ALABAMA, November 4, 2005, Released
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Overview: Trial court erred in denying wife's Ala. R. Civ. P. 55(c) motion to set aside a default judgment dissolving her marriage to her husband and awarding custody of the parties' daughter to husband; wife moved promptly for relief, and there was nothing in the record to suggest that husband would be substantially prejudiced if relief were granted.

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Riley v. Kennedy, 1050087, SUPREME COURT OF ALABAMA, November 9, 2005, Released
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Overview: Because 2004 Ala. Laws ? 455, amending Ala. Code ? 11-3-6 was to be applied prospectively, the governor was authorized to fill a vacancy on a county commission by appointment; therefore, the trial court erred in holding that the vacancy was to be filled by a special election.

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