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   State Courts - Alabama - November 10, 2005
  
B.B. v. Etowah County Dep't of Human Res., 2040420, 2040539, COURT OF CIVIL APPEALS OF ALABAMA, November 10, 2005, Released
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Ex parte C.L.Y., 1030224, SUPREME COURT OF ALABAMA, November 10, 2005, Decided
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Overview: In reviewing admissibility of out-of-court hearsay statements made by child victim of sexual abuse, appellate court may look at record in entirety. Out-of-court statement by child victim that falls within hearsay exception may provide corroboration under Ala. Code ? 15-25-34, for other out-of-court statements, which would otherwise be hearsay.

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Ex parte Hoover, 1041555, SUPREME COURT OF ALABAMA, November 10, 2005, Released
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Hill v. Cleveland, 2040570, COURT OF CIVIL APPEALS OF ALABAMA, November 10, 2005, Released
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Overview: Because a landowner's evidentiary submissions did not suffice to establish that he or his predecessor in title used an access road in a manner adverse to another landowner for the required 20-year period, he was not entitled to a summary judgment establishing a prescriptive easement as a matter of law.

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L.A. v. R.H., 2040900, COURT OF CIVIL APPEALS OF ALABAMA, November 10, 2005, Released
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Overview: The trial court properly found a mother in contempt, pursuant to Ala. R. Civ. P. 70A, where the mother failed to bring her children to a designated visitation-exchange location at the appointed time, even though she knew that a lawful visitation order required the children be delivered to their grandparents.

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Mack v. Arnold, 2040324, COURT OF CIVIL APPEALS OF ALABAMA, November 10, 2005, Released
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Overview: Because a deputy was a state employee, due process was not violated when the sheriff did not follow any county procedures before terminating the deputy's employment; because the personnel manual did not constitute a contract of employment, the trial court properly entered a summary judgment in favor of the sheriff.

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Overnite Transp. Co. v. McDuffie, 2030367, COURT OF CIVIL APPEALS OF ALABAMA, November 10, 2005, Released
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Overview: Employer was properly ordered to pay for medical treatment which was provided by a doctor referred by its employee's treating physician. However, absent any evidence that the employer willfully or contumaciously violated the trial court's previous order, a contempt finding against it, and order that it pay employee's attorney's fees, were reversed.

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Singleton v. State Farm Fire & Cas. Co., 1040919, SUPREME COURT OF ALABAMA, November 10, 2005, Released
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Overview: Because the homeowners failed to adduce sufficient evidence of a dishonest purpose or breach of known duty of good faith and fair dealing through some motive of self-interest or ill will to support their claim that their insurer failed to properly investigate their bad faith claim, summary judgment was properly entered against them on said claim.

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Spears v. State, 2040380, COURT OF CIVIL APPEALS OF ALABAMA, November 10, 2005, Released
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Overview: Because defendant, with a prior drug conviction, used a vehicle to purchase marijuana and cocaine, and the vehicle contained marijuana and traces of cocaine residue, a forfeiture of the vehicle under Ala. Code ? 20-2-93(a) satisfied the Eighth Amendment's proportionality test even though the vehicle was worth three times the maximum possible fine.

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Stockton v. CKPD Dev. Co., LLC, 2040670, COURT OF CIVIL APPEALS OF ALABAMA, November 10, 2005, Released
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Overview: Family defendants did not present evidence to create a question of fact regarding whether the purported breach of a "ground lease" was, in fact, material, but there was a factual question regarding whether an LLC's transfer of a 25 percent interest in a building constituted a sale that would trigger a right of first refusal in the lease.

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