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   State Courts - Alabama - November 7, 2008
  
Ala. Dep't of Revenue v. Nat'l Peanut Festival Ass'n, 2070123, COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: Decision that taxpayer was exempt from all taxes was reversed. Although Ala. Code ? 40-9-1(12) exempted taxpayer from paying sales taxes on receipts of the sale of admission tickets to events that were purely agricultural in nature, receipts from concerts and beauty pageants unrelated to agriculture were subject to Ala. Code ? 40-23-2 license tax.

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City of Dothan v. McCleskey, 2070536, COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: Because there was substantial evidence before a city personnel board indicating that an employee committed an intolerable offense by submitting a fraudulent-reimbursement claim, the employee's termination was properly affirmed by the board; therefore, the circuit court improperly reversed the board's decision.

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D.L.L. v. B.J., 2070891, COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: Because a father's notice of appeal was filed one day late, it was untimely; therefore, his appeal of the denial of his Ala. R. Civ. P. 60(b)(4) motion for relief from a judgment awarding custody of his minor child to the maternal grandparents was dismissed.

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Dabbs v. Four Tees, Inc., 2070630, 2070631, and 2070632, COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: Ala. Code ? 34-8-1 barred contractor's breach of contract damages; noncompliance with licensure requirement rendered oral contract null and void. Statute was not circumvented by having owners make checks payable to suppliers where contractor controlled purchases. Ala. Code ? 6-5-211 slander of title claim was not supported by evidence of malice.

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Ex parte McCall, 1070633, SUPREME COURT OF ALABAMA, November 7, 2008, Released
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Overview: Trial court's failure to issue specific fact findings as to material issues presented in inmate's postconviction relief petition was grounds for reversal because, by holding evidentiary hearing, trial court implicitly found that issues presented were material, and, under Ala. R. Crim. P. 32.9(d), trial court was obligated to make fact findings.

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Hammock v. Wal-Mart Stores, Inc., 1070939, SUPREME COURT OF ALABAMA, November 7, 2008, Released
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Overview: Because an executor's respondeat superior and negligent supervision and training claims were based on an employment relationship, they were intertwined; accordingly, the trial court erred in certifying its summary judgment on the claim of respondeat superior as final pursuant to Ala. R. Civ. P. 54(b), Ala. Code ? 12-22-2.

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Holt v. Lauderdale County, 1050740, SUPREME COURT OF ALABAMA, November 7, 2008, Released
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Overview: Summary judgment in favor of county was error because county had a duty under Ala. Code ? 23-1-80 and common law to keep bridge and roadway in a reasonably safe condition and because material fact issue remained as to whether county had constructive notice that the area was unsafe without the installation of a guard rail.

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Humber v. Bjornson, 2061076, COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: The trial court properly enforced the parties' informal agreement concerning a vehicle as a provision of their divorce judgment. The former wife effectively offered to give the vehicle to the former husband, and he tacitly accepted the offer by taking possession of the vehicle, paying the indebtedness on the vehicle, and insuring it.

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J.B. v. DeKalb County Dep't of Human Res., 2070570, COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: A judgment terminating the parental rights of a father, an illegal immigrant, pursuant to Ala. Code ? 26-18-7, was reversed. The trial court erred in finding that he had abandoned his children during a period when he was in Guatemala, considering the arrangements he had made for their care before leaving for Guatemala, and other circumstances.

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L.A.C. v. T.S.C., 2070313, COURT OF CIVIL APPEALS OF ALABAMA, November 7, 2008, Released
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Overview: Writ of mandamus directed trial court to grant habeas petition; trial court removed children from mother without entering Ala. R. Civ. P. 58 order; conducting Ala. Code ?? 12-15-60, 12-15-153 hearing; or finding that she was unfit. Ala. Code ? 12-15-1(10) dependency was not shown by Ala. Code ?? 6-11-20, 12-15-65(f) clear and convincing evidence.

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