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   State Courts - Alabama - November 13 - November 14, 2008
  
Carr v. Int'l Ref. & Mfg. Co., 1070770, SUPREME COURT OF ALABAMA, November 13, 2008, Released
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Overview: In a case alleging wantonness by manufacturers and sellers of chemicals that injured former employees, a six-year statute of limitations in Ala. Code ? 6-2-34(1) applied as wantonness was intentional conduct and cases that arguably established Ala. Code ? 6-2-38(l) applied to such claims based on a products liability theory were distinguishable.

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Darby v. Schley, 2070027, COURT OF CIVIL APPEALS OF ALABAMA, November 14, 2008, Released
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Overview: Landlord sued tenant to evict him. Tenant's claim he owned interest in property under lease-purchase agreement did not deprive district court of jurisdiction over unlawful-detainer action, as tenant's claim was based on equitable principles and Ala. Code ? 12-12-30(1)(b) granted district court jurisdiction over such equitable defenses.

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Evans v. First Nat'l Bank of Jasper, 2070357, COURT OF CIVIL APPEALS OF ALABAMA, November 14, 2008, Released
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Overview: Because both parties' affidavits failed to substantiate their damages claims and because the borrower clearly refuted the bank's allegation that the borrower had refused to surrender a vehicle to the bank, the trial court erred in denying the borrower's Ala. R. Civ. P. 59(e) motion for postjudgment relief in the bank's breach of contract action.

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Greene v. Jefferson County Comm'n, 1070300, SUPREME COURT OF ALABAMA, November 14, 2008, Released
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Overview: Ala. R. Civ. P. 56(c)(3) summary judgment grant to county commission and county retirement system was proper on action for declaration that county commission retaliated against county employees; res judicata barred current action, as prior final judgment on merits was rendered by competent court against substantially same parties on same action.

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In re Anonymous, 2080100, COURT OF CIVIL APPEALS OF ALABAMA, November 14, 2008, Released
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Overview: Because a minor appeared to be uncertain, at best, about the emotional/psychological implications of abortion and her own feelings about it, and because her failure to consider birth control options indicated impulsivity and a lack of judgment, her Ala. Code ? 26-21-4 petition waiver of parental consent for an abortion was properly denied.

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Savage v. Gentiva Health Servs., 1061805, SUPREME COURT OF ALABAMA, November 14, 2008, Released
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Overview: Petition for writ of mandamus was granted in medical malpractice action as provider satisfied requirement under Ala. R. Civ. P. 26(c) of filing motion for protective order before it sought mandamus relief. Provider's motion to reconsider discovery order raised Ala. Code ? 6-5-551 issue, and was actually motion for protective order.

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Smith v. Smith, 2070619, COURT OF CIVIL APPEALS OF ALABAMA, November 14, 2008, Released
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Overview: Where a divorce judgment was reversed with respect to property distribution, health insurance coverage, and periodic alimony, and on remand the trial court entered a judgment that failed to address the alimony award, there was no final judgment under Ala. R. Civ. P. 54(b), such that an appeal taken therefrom had to be dismissed.

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Stewart v. Bradley, 2070574, 2070575, COURT OF CIVIL APPEALS OF ALABAMA, November 14, 2008, Released
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Overview: As home owners voluntarily and knowingly signed a limited warranty agreement with builders of their home, they waived claims of negligent installation and construction and negligent supervision; after a jury verdict in favor of the owners, the builders' motions for judgment under Ala. R. Civ. P. 59 should have been granted.

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Vulcan Lands, Inc. v. Surtees, 2060607, COURT OF CIVIL APPEALS OF ALABAMA, November 14, 2008, Released
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