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   State Courts - Alabama - November 21, 2008
  
Killings v. Enter. Leasing Co., 1070816, SUPREME COURT OF ALABAMA, November 21, 2008, Released
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Lee v. Ala. Bd. of Nursing, 2070957, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Because a registered nurse waived her right in Ala. Code ? 41-22-20(k)(1), (4) to contest a reprimand and fine, including the right to appeal, and attempted to use the improper vehicle of a petition for the common-law writ of certiorari as a substitute for an appeal, the trial court properly dismissed her petition.

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Seining v. JMK Farms, 2070888, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Trial court exceeded its discretion by conducting hearing on motion for summary judgment on less than 10-day notice required by Ala. R. Civ. P. 56(c)(2) where non-movants did not waive their right to 10-day notice, and they were able to show actual prejudice as due to the short notice, their evidence was late and trial court failed to consider it.

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Stanley v. Stanley, 2070241, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Because the trial court was not required to conduct a hearing on a wife's Ala. R. Civ. P. 59 motion, which was actually filed to enforce a divorce judgment rather than to alter or modify the property-division provisions of that judgment, the denial of the motion was a nonfinal order that could not support an appeal.

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State Dep't of Revenue v. Wells Fargo Fin. Acceptance Ala., 2061148, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Credit companies paid retailers amount financed, including sales taxes, in exchange for assignment of buyers' installment sales contracts. As companies had not themselves paid sales taxes, they were not "taxpayers" for purposes of Ala. Code ? 40-2A-7(c)(1) and were not entitled to refunds of sales taxes for contracts on which buyers had defaulted.

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Thomas v. Williams, 2070512, COURT OF CIVIL APPEALS OF ALABAMA, November 21, 2008, Released
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Overview: Judgment was reversed as to intentional interference with business relations claim as allegation that doctor, who successfully defended malpractice action filed by employee, allegedly contacted employer of employee, after which employee was suddenly fired was not conduct so outrageous in character as to go beyond all possible bounds of decency.

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