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   State Courts - Alabama - December 16, 2005
  
Bartlett v. Unistar Leasing, 2031080, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: Circuit court properly domesticated a foreign default judgment against a lessee, and did not err in denying the lessee's Ala. R. Civ. P. 59(e) motion, as evidence supporting the same was collateral to the record and that which was never presented to the foreign court.

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Bd. of Sch. Comm'rs v. Coastal Builders, Inc., 2040560, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: In a breach of contract action between a contractor and the county board of school commissioners, because any agreement by the boar to pay for a control package as requested by the contractor was void for its failure to comply with the Competitive Bid Law, the contractor was erroneously granted summary judgment on this issue.

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Belew v. Nelson, 2040449, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: In a wrongful death action, a state trooper was properly allowed to testify regarding the positioning of both the decedent's vehicle and an oncoming vehicle in determining the angle of said vehicles prior to their impact. Further, based on the evidence of the decedent's intoxication, it was not error to issue a voluntary intoxication charge.

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C.H. v. State, 2040683, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: Because the undisputed evidence presented by the State established that a juvenile was absent from school on 10 occasions and tardy on 2 occasions without providing the school with an excuse, the State presented adequate evidence from which the juvenile court could determine him to be habitually truant.

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C.K. v. J.M.S., 2040206, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: Since under Mississippi law and the Mississippi judgment, the father had to provide child support until the child reached the age of 21 or was otherwise emancipated, that period was not subject to modification under Mississippi law. Therefore, the courts of Alabama could not modify it under Ala. Code ? 30-3A-611(c) (1975).

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Dodd v. Burleson, 2040003, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: Trial court's judgment allowing visitation to the maternal grandparents after applying the best interest of the child standard in conformity with the amendments to Ala. Code 30-3-4.1 was upheld. But, requiring the father to travel 600 miles round-trip, once every two weeks, for a single day of visitation was an abuse of discretion.

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Ex parte Sandifer, CR-04-1391, COURT OF CRIMINAL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: Because a presiding circuit judge lacked the authority to delegate his responsibilities to another judge, who had neither been elected by his fellow circuit judges nor appointed by the Alabama Supreme Court, the inmate was entitled to have his motion heard by the presiding judge of the circuit court.

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Messer v. Turner, 2031156, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: Since the evidence tended to prove that the driver did not honk his horn after he saw decedent on the side of the road, even if decedent were guilty of contributory negligence as a matter of law, the evidence established a genuine issue of material fact regarding whether the driver was guilty of subsequent negligence in failing to honk his horn.

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Peden v. Peden, 2040233, COURT OF CIVIL APPEALS OF ALABAMA, December 16, 2005, Released
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Overview: Since the trial court did not resolve the division of the parties' debts, it did not fully resolve the division of the parties' property. Accordingly, because the Ala. R. Civ. P. 54(b) certification of the divorce judgment was inappropriate, the judgment was not final and would not support an appeal.

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Pharmacia Corp. v. Suggs, 1040623, SUPREME COURT OF ALABAMA, December 16, 2005, Released
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Overview: Because claimants accepted settlement in related federal action that resulted in proper dismissal of state case, the matters made basis of the complaint became moot, and trial court no longer had subject-matter jurisdiction to entertain motion to amend the moot complaint. Claimants' refusal to execute stipulation of dismissal was irrelevant.

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