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   State Courts - Alabama - September 21, 2001

  
Ala. Dep't of Mental Health & Mental Retardation ex rel. McClothan v. State, CR-00-1784, COURT OF CRIMINAL APPEALS OF ALABAMA, September 21, 2001, Released
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B.M. v. K.L., 2000764, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2001, Released
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Overview: The appellate court agreed with the parents that the trial court improperly granted the grandmother visitation because the statute for grandparent visitation was unconstitutional as applied.

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Densmore v. Jefferson County, 1000264, SUPREME COURT OF ALABAMA, September 21, 2001, Released
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Overview: Trial court did not err in finding that a state act was a general law, that a storm water assessment fee required by county ordinance was valid, and that a county was not required to show a direct benefit to each person assessed the fee.

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Devine v. Devine, 2000398, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2001, Released
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Overview: Trial court did not have jurisdiction to divide the parties' marital property due to their pending bankruptcy action. Child support award was correct and reasoning was ascertainable, even though requisite child support forms were not in judgment.

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Ex parte Taylor, 1990773, SUPREME COURT OF ALABAMA, September 21, 2001, Released
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Overview: Where boundary-line issue was inherently inseparable from property owners' trespass claims, the nonjury resolution of that issue deprived the parties of the right to a trial by jury on the legal claims alleging trespass.

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Hooker Constr. v. Walker, 2000479, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2001, Released
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Overview: There was substantial evidence that alleged accident occurred and caused employee's injuries. He was employee of insurer's insured, who was liable under "last-injurious-exposure" rule, and gave proper notice under "equally good reason" exception.

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Spencer v. Spencer, 2000679, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2001, Released
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Overview: Trial court's award of postminority educational support for divorced couple's child's college expenses was reversed since father was ordered to pay more than the actual total cost of the child's expenses.

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T.B. v. A.J., 2000334, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2001, Released
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Overview: Trial court's order failed to completely dispose of single claim presented in the grandmother's petition for visitation rights; thus, the trial court's order was not final and the appellate court dismissed the appeal.

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Waddail v. Roberts, 2990810, COURT OF CIVIL APPEALS OF ALABAMA, September 21, 2001, Released
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Overview: Mother's evidence that physician's stabilization of child before transfer to another hospital would have placed child in better position than he was in as result of lack of stabilization, allowed issue of causation to be submitted to jury.

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Wal-Mart Stores, Inc. v. Rolin, 1001048, SUPREME COURT OF ALABAMA, September 21, 2001, Released
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Overview: Evidence retailer's employees created condition causing customer's injuries relieved customer of proving retailer's notice of condition. Trial court's response to jury question did not prejudice retailer, so no curative instruction was required.

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