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   State Courts - Alabama - November 18, 2005
  
Fadalla v. Fadalla, 1030695, 1030696, SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: Trial court erred in reforming a deed based on mutual mistake where father failed to meet his burden to present evidence to show he and his son intended to take title to the auto business property as joint tenants with a right of survivorship rather than concurrent life estates with cross-contingent remainders.

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Grogan v. Hillman, 2040227, COURT OF CIVIL APPEALS OF ALABAMA, November 18, 2005, Released
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Overview: As the term "any possession" included "constructive possession" under Ala. Code ? 6-6-566(c) of the Grove Act, Ala. Code ? 6-6-560 et seq., the trial court's finding that defendants' constructive possession of certain real property precluded plaintiffs from establishing conclusive evidence of title under ? 6-6-566(c) was not in error.

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J.B. v. F.B. , 2040448, COURT OF CIVIL APPEALS OF ALABAMA, November 18, 2005, Released
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Overview: Because the probate court lacked jurisdiction to enter an adoption judgment, as it did not have jurisdiction over the child at the time such was entered, the judgment granting the adoption was void. Hence, the biological father's appeal of the same was dismissed and the probate court was ordered to set aside its void judgment.

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Meinhardt v. SAAD's Healthcare Servs., 2040192, COURT OF CIVIL APPEALS OF ALABAMA, November 18, 2005, Released
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Overview: Trial court erred in applying penalty provision of Ala. Code ? 25-5-57(a)(4)d and declining to award the employee permanent and total disability benefits based on her refusal of psychological treatment during a period of time before she had reached maximum medical improvement (MMI) because ? 25-5-57(a)(4)d applied to employees that had reached MMI.

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Patriot Mfg. v. Jackson, 1040915, 1040935 and 1041017, SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: The Magnuson-Moss Act, 15 U.S.C.S. ? 2301 et seq., nor the Federal Arbitration Act, 9 U.S.C.S. ? 2 et seq., required an arbitration agreement to have been contained within a written warranty. Therefore, three trial court orders denying the motions to compel arbitration filed by three mobile home manufacturers in warranty cases were reversed.

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Prestwood v. Weissinger, 2040093, COURT OF CIVIL APPEALS OF ALABAMA, November 18, 2005, Released
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Overview: In an action to prevent development of a certain parcel of land, summary judgment was properly granted against a group of contesting residents, and in favor of the developers, as whatever interest the residents had in said property was eliminated by a valid foreclosure of the mortgage thereon, and such was not against public policy.

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Redman Homes, Inc. v. Surtees, 2031079, COURT OF CIVIL APPEALS OF ALABAMA, November 18, 2005, Released
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Overview: Because a reasonable taxpayer would have known that the Taxpayer's Bill of Rights, Ala. Code ? 40-2A-1 et seq., afforded the exclusive method of obtaining a refund of franchise taxes collected pursuant to an unconstitutional statute, a class action was not an available remedy. Hence, the class-action tolling rule did not apply.

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Steele v. Rosenfeld, LLC, 1040568, SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: Whether appellant had an oral agreement with an LLC member to buy membership in the LLC was irrelevant because Ala. Code ? 10-12-33, the LLC's articles, and an operating agreement all required that all the existing LLC members to consent in writing to appellant's becoming a member, which he did not obtain.

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Zanaty Realty, Inc. v. Williams, 1040625, SUPREME COURT OF ALABAMA, November 18, 2005, Released
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Overview: Realty company that appraised home for mortgage lender had been entitled to a judgment as a matter of law on home buyer's claim of negligent appraisal because it owed her no duty. Due to disclaimers in appraisal, and fact that buyer was not given a copy of it, it was not foreseeable that she would rely on appraisal to ensure condition of her home.

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