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| Ala. Bd. of Nursing v. Williams, 2040082,
COURT OF CIVIL APPEALS OF ALABAMA, November 18, 2005, Released
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Overview: Trial court erred in reversing nursing board's order that suspended nursing instructor's license to practice nursing based on prior charges of sexual harassment at college because res judicata did not apply where board was not a "substantially identical" party to college as they had different purposes and governed nurse in his different capacities.
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| Austin v. Ala. Check Cashers Ass'n, 1011907, 1011930,
SUPREME COURT OF ALABAMA, November 18, 2005, Decided
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Overview: Deferred-presentment transactions by check cashers were loans subject to the Alabama Small Loan Act, Ala. Code ¿ 5-18-1 et seq., but state banking department was estopped from enforcing Act against check cashers for transactions conducted pursuant to consent order, and customers, who were not parties to consent order, were not bound by its terms.
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| Boutwell v. State, 2040477,
COURT OF CIVIL APPEALS OF ALABAMA, November 18, 2005, Released
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Overview: As the probate court's condemnation judgment was rendered when it was recorded in the court's minutes, a landowner's notice of appeal from that judgment, filed 30 days thereafter, was timely. Hence, the circuit court erred in dismissing said notice, requiring remand for a reinstatement of the appeal.
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| Carver v. Foster, 1040910,
SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: Trial court properly awarded fees to plaintiffs' attorney under Ala. Code ¿ 34-3-60 because ¿ 34-3-60 applied to all proceedings involving the sale of property for distribution, which included co-owner purchase proceedings under Ala. Code ¿ 35-6-100, but amount of award was improperly based solely on an arbitrary percentage of the property value.
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| Ex parte Chem. Waste Mgmt., 1041039,
SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: A taxpayer had standing to bring a declaratory judgment action challenging the legality of a tax abatement, in the form of a reduction in fees charged to a corporation by a state revenue department to dispose of certain waste at a landfill, where the taxpayer claimed a probable increase in his tax burden from the challenged activity.
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| Ex parte Davis, 1040514,
SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: Landowner's claims against a deputy sheriff for acts that the sheriff performed within the scope of his employment, which sought monetary damages and were not undertaken to fulfill the sheriff's personal motive or interest, were barred by sovereign immunity. Hence, the sheriff was granted mandamus relief warranting dismissal of said claims.
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| Ex parte Eason, 1041225,
SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: Criminal appeals court had jurisdiction over defendant's appeal because the judgment of conviction did not have to include formal language where the record was clear that trial court intended to adjudicate defendant guilty and the sentence order involved the substance of the adjudication; thus an appealable judgment of conviction had been entered.
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| Ex parte Snider, 1040397,
SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: A writ of certiorari was quashed on appeal where no error was shown, on the part of a trial court and the lower appellate court, with regard to changing custody of a minor child from the mother to the father where the mother remarried and changed her religion, moved the child away, and had alienated herself from her own family and the father.
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| Ex parte Yelverton, 1040339,
SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: Due process rights were not violated when defendant was denied independent blood alcohol test authorized by Ala. Code ¿¿32-5A-194(a)(3), after requesting one before, but not after, he submitted to a breath test administered by a law enforcement official, since he was not entitled to a blood test until after he submitted to breath test by officer.
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