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   State Courts - Alabama - November 21, 2008
  
Bishop State Cmty. College v. Thomas, 2070660, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Substantial evidence supported a hearing officer's decision that a college employee was not "overall ineffective" in doing his job, but this did not bar his termination under Ala. Code ? 36-26-102 due to a felony conviction and impeachment, as "other good or just cause" meant any cause reasonably related to his fitness or capacity to do his job.

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Boudreau v. Slaton, 2070647, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Judgment was affirmed as order forever divorcing parties that did not determine property division issues was not final. Divorce action abated upon husband's death. No exception to law of abatement allowing for separable finality of divorce judgments was created. Will executed by husband after entry of divorce order was not revoked.

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City of Birmingham v. Major, 1070944, SUPREME COURT OF ALABAMA, November 21, 2008, Released
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D.C.L. v. Marion County Dep't of Human Res., 2070863, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Denial of father's motion to adjudicate paternity based on his failure to comply with Putative Father Registry Act, Ala. Code ? 26-10C-1, was error because that act applied in adoptions, and failure to comply with it was not a ground either for terminating a parental rights or for refusing to decide paternity under Uniform Parentage Act.

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Ex parte Davis, 1060734, SUPREME COURT OF ALABAMA, November 21, 2008, Released
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Ex parte State, 1070536, SUPREME COURT OF ALABAMA, November 21, 2008, Released
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Fenn v. Ozark City Schs. Bd. of Educ., 1070821, SUPREME COURT OF ALABAMA, November 21, 2008, Released
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Howard v. Allstate Ins. Co., 1071215, SUPREME COURT OF ALABAMA, November 21, 2008, Released
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Overview: Because common issues were intertwined in the parents' claims against a driver, his house mate, the insured, the insured's brother, the insured's company, and the insurer, the trial court erred in certifying the summary judgments against the insured, the insured's brother, the insured's company, and the insurer as final under Ala. R. Civ. P. 54(b).

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Jarrett v. Ala. Dep't of Indus. Rels., 2070624, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Summary judgment for former employer in former employee's appeal of denial of unemployment claim was error because, based on competing affidavits, a material fact dispute existed as to whether former employee's attempt to rescind his resignation was accepted, and thus whether he voluntarily left his employment pursuant to Ala. Code ? 25-4-78(2).

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Johnson v. Strain, 1071028, SUPREME COURT OF ALABAMA, November 21, 2008, Released
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Overview: Because the tenants unambiguously requested a hearing, the trial court erred in not affording them an opportunity to be heard on their Ala. R. Civ. P. 59(g) motion for a new trial; consequently, the judgment denying their motion for a new trial could not be affirmed based on the harmless-error rule.

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