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| Hart v. Pugh, 1020300,
SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Overview: Under the Alabama Uniform Fraudulent Transfer Act, transfer by an ex-husband's attorney in fact was not considered to be a transfer by the ex-husband, as a transfer of assets by a debtor's attorney in fact was not considered a transfer by the debtor.
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| Huffstutler v. State, CR-02-1613,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Because there was merit to defendant's claim that he pled guilty to an offense for which he was not indicted, and the State did not refute his claim, the circuit court erred in not addressing the same. Thus, remand was ordered.
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| Lane v. Sticker, 2011161,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: An inmate's action for a declaratory judgment that a prison's showing of movies did not violate copyright laws was properly dismissed because the inmate did not have standing where he could not have incurred an injury from the showing of the films.
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| Marshall v. State, 1012217,
SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Overview: Mandamus, not an out-of-time appeal, was the only remedy available to defendants who, through no fault of their own, failed to receive notice of the dismissal of their petitions for post-conviction relief in time to effect a timely appeal.
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| McMurphy v. E. Bay Clothiers, 2020456,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: A debtor's appeal of an order disbursing funds used to secure an appearance bond to a creditor was dismissed for lack of jurisdiction because an appeal was not timely filed.
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| Millican v. McKinney, 2020530, 2020531, 2020532,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Decided
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Overview: Although an employer did not contribute to a pension plain, it "maintained" the plan; therefore, the former employees were disqualified from receiving unemployment compensation benefits while they were receiving pension benefits.
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| Newman v. Savas, 1021189,
SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Overview: Trial court did not have subject-matter jurisdiction over will contest because daughter did not follow statutory requirements for removing will contest to circuit court; she failed to request removal in writing when filing initial pleading.
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| Peoples v. Peoples, 2011168,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Ab appellate court lacked jurisdiction over a wife's appeal from her divorce, as the judgment was not final due to the fact that the trial court reserved for future determination division of property issues and alimony.
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| Perkins v. State, CR-02-1515,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Because it could not ascertain whether an inmate paid a filing fee or was permitted to proceed in forma pauperis, the court could not properly address whether the circuit court did not have jurisdiction to rule on a post-conviction petition.
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| Reneke v. Reneke, 2020720,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where an estate administrator failed to appeal two orders of the trial court requiring her to pay $ 10,000 to the decedent's father, and she waited until the resolution of the case to appeal the orders, the appeal was untimely.
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