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| Reid v. Reid, 2030406,
COURT OF CIVIL APPEALS OF ALABAMA, September 24, 2004, Released
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Overview: In a divorce matter, a trial court erred by incorrectly determining that a mother had the burden of proof in regaining custody of the parties' child after a pendente lite order awarding custody to the father.
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| Richardson v. Stanford Props., LLC, 1031035,
SUPREME COURT OF ALABAMA, September 24, 2004, Released
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Overview: Mortgagee could not circumvent statute requiring her to vacate premises after foreclosure sale or forfeit redemption rights by assigning her interest to her attorney so she could stay on premises while attorney litigated validity of foreclosure sale.
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| Springhill Nursing Homes, Inc. v. McCurdy, 1022026, 1030006,
SUPREME COURT OF ALABAMA, September 24, 2004, Released
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Overview: Where plaintiff dismissed breach of contract claim before defendants' motion to compel arbitration was ruled on, as plaintiff did not seek any benefit from alleged express contract (which she denied existed), defendants' motion was properly denied.
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| Trevino v. Blinn, 2030303,
COURT OF CIVIL APPEALS OF ALABAMA, September 24, 2004, Released
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Overview: Mother's appeal from an order granting her visitation and the father temporary custody until the matter was again brought before the court was not a final appealable order. Thus, the appeal was dismissed.
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| Unum Life Ins. Co. of Am. v. Wright, 1022043, 1022060, 1030066, 1030069,
SUPREME COURT OF ALABAMA, September 24, 2004, Released
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Overview: Group of insureds was entitled to venue by joinder, but individual insured was not, so it was error to allow venue for that insured's claims. Since the group showed an agreement to arbitrate, its motion to compel arbitration was properly granted.
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| Waddell v. Waddell, 2020219,
COURT OF CIVIL APPEALS OF ALABAMA, September 24, 2004, Decided
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Overview: Postminority educational support and alimony awards were upheld. But, the father was erroneously required to pay room and board costs not expended. Further, an order for a reasonable period of time lacked sufficient certainty, requiring remand.
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| Wilhoite v. Wilhoite, 2020682,
COURT OF CIVIL APPEALS OF ALABAMA, September 24, 2004, Released
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Overview: Where a trial court's revised order left issues as to the division of marital property and assets open, such was not a final judgment for the purposes of an appeal. Thus, the appeal and cross-appeal filed therefrom were dismissed.
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