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   State Courts - Alabama - October 25 - October 27, 2006
  
Ex parte Anonymous, 1060124, SUPREME COURT OF ALABAMA, October 25, 2006, Decided
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Cunningham v. Cunningham, 2050338, COURT OF CIVIL APPEALS OF ALABAMA, October 27, 2006, Released
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Overview: Under Ala. Code ? 30-2-51(b), trial court did not abuse its discretion in not dividing husband's retirement account between divorcing husband and wife because wife had not offered adequate evidence regarding how much of account husband had accumulated after marriage to justify division; however, award of 87% of property to husband was inequitable.

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Ex parte BASF Corp., 1051060, SUPREME COURT OF ALABAMA, October 27, 2006, Released
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Overview: Trial court exceeded its discretion in granting plaintiffs' motion to compel pursuant to Ala. R. Civ. P. 34 and ordering defendant corporation to produce documents in the exclusive control of its parent corporation in Germany because the two corporations were separate entities, and the parent had refused to produce the documents to the defendant.

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Glass v. Anniston City Bd. of Educ., 2040725, COURT OF CIVIL APPEALS OF ALABAMA, October 27, 2006, Released
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Overview: Attendance officer's dismissal was governed by Alabama Fair Dismissal Act (FDA) as the Alabama legislature intended that the FDA govern dismissals of employees under the FDA, even though the dismissal of such employees was covered by other statutes, such as Ala. Code ?? 16-11-17 or 16-28-19, which covered attendance officers.

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HealthSouth Corp. v. Jefferson County Tax Assessor, 2050538, COURT OF CIVIL APPEALS OF ALABAMA, October 27, 2006, Released
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Overview: The intentional misrepresentation of the value of property by a taxpayer for property tax purposes did not constitute a mistake of law or fact under Ala. Code ? 40-10-160 that entitled the taxpayer to a refund of taxes paid. Therefore, a probate court properly denied the taxpayer's refund petitions.

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Med. Assur. Co. v. Anesthesiology & Pain Med. of Montgomery, P.C., 1050075, SUPREME COURT OF ALABAMA, October 27, 2006, Released
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Overview: The reversal of a judgment against health care providers in a separate medical malpractice case rendered moot the controversy involved in a declaratory judgment action brought by the malpractice insurance carrier, which sought a determination of the policy limits under the policy. Thus, the appeal of the declaratory judgment entered was dismissed.

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S. Ala. Utils. v. Lambert, 2050198, COURT OF CIVIL APPEALS OF ALABAMA, October 27, 2006, Released
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Overview: Worker's compensation claimant's permanent-total-disability payments were properly commuted to a lump-sum payment as Ala. Code ? 25-5-57(a)(4)a. did not bar the award's reduction to a lump-sum and the employer failed to make the payments between the date of the workers' compensation judgment and the claimant's third-party settlement.

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State Farm Mut. Auto. Ins. Co. v. Smith, 2040991, COURT OF CIVIL APPEALS OF ALABAMA, October 27, 2006, Released
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Overview: Denial of insurer's post-judgment motion for a judgment as matter of law was reversed as insured's evidence, which showed that insured's need for surgery resulted from accident, was not substantial evidence under Ala. Code ??12-21-12 indicating that insurer's decision not to authorize payment of UM/UIM benefits was bad faith.

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