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| Birmingham Coal & Coke Co. v. Johnson, 1070303,
SUPREME COURT OF ALABAMA, December 5, 2008, Released
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Overview: Judgment was affirmed insofar as it awarded damages for diminution in value of property or reasonable inference thereof, as even if blasting was conducted according to State regulations, that did not preclude an abnormally dangerous activity claim. Owners could hear and feel blasts and noticed damage to houses after blasting began.
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| Ex parte Allianz Life Ins. Co. of N. Am., 1070114,
SUPREME COURT OF ALABAMA, December 5, 2008, Released
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Overview: Mandamus petition was denied as insurer failed to provide parts of record that were essential under Ala. R. App. P. 21(a)(1)(E) to overcome presumption of correctness attendant to trial court's orders denying insurer's motion for protective order and granting a customer's motion to compel production of disputed documents under Ala. R. Civ. P. 26.
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| Ex parte Ind. Mills & Mfg., 1070229,
SUPREME COURT OF ALABAMA, December 5, 2008, Released
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Overview: Writ of mandamus was issued and case was to be transferred to Lee County in interest of justice under Ala. Code ¿ 6-3-21.1 as accident occurred in Lee County, Lee County police and emergency personnel responded to scene and investigated accident, and documentation was located there. Only one party resided in Macon County.
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| Ex parte Montgomery County Dep't of Human Res., 1071250,
SUPREME COURT OF ALABAMA, December 5, 2008, Released
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Overview: Petition for either common-law or statutory writ of certiorari or mandamus writ was denied because agencies waived any argument regarding appellate court's review of placement order without transcript of juvenile court's proceedings. Supreme court's jurisdiction was limited to reviewing appellate court's acts or misdeeds, not the juvenile court's.
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| Ex parte Riley, 2070251, 2070258,
COURT OF CIVIL APPEALS OF ALABAMA, December 5, 2008, Released
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Overview: Because no order or judgment dividing the parties' marital property was entered before the husband's death, and because the parties had not entered into any binding property settlement, the trial court lacked jurisdiction to order the husband's mother to preserve his assets and to deposit $ 100,000 with the court.
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| Ex parte Saad's Healthcare Servs., 1070080,
SUPREME COURT OF ALABAMA, December 5, 2008, Released
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Overview: Judgment was affirmed as workers' compensation claimant was not disqualified under Ala. Code ¿ 25-5-57(a)(4)d. from permanent total disability due to refusal of psychological treatment after reaching maximum medical improvement (MMI) as treatment refused was not offered to restore her physical function or ability to engage in gainful employment.
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| Gregory v. Ferguson, 2070576,
COURT OF CIVIL APPEALS OF ALABAMA, December 5, 2008, Released
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Overview: Because the parties' contract claims were dependent on each other, and because the trial court had not ruled on the buyer's counterclaim, the claims were too closely intertwined to support an Ala. R. Civ. P. 54(b) certification on the resolution of the seller's claims by way of summary judgment in favor of the buyer.
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| Hamilton v. CSC Distrib., 2070813,
COURT OF CIVIL APPEALS OF ALABAMA, December 5, 2008, Released
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Overview: Because an order partially granting an employee's motion to sever merely ordered separate trials of the claims, and because the ensuing summary-judgment order was not certified as a final judgment under Ala. R. Civ. P. 54(b), the appeal was dismissed pursuant to Ala. Code ¿ 12-22-2 as from a nonfinal judgment.
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| Prattville Mem. Chapel & Memory Gardens, Inc. v. Parker, 1061756,
SUPREME COURT OF ALABAMA, December 5, 2008, Released
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Overview: Denial of current cemetery operator's Ala. R. Civ. P. 50(a) motion for judgment as a matter of law was error as to fraud claim regarding previous cemetery owner's alleged promise; plot owner did not present substantial evidence supporting each factor required to show successor corporation's liability under continuation-of-the-enterprise exception.
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| Southside Cmty. Dev. Corp. v. White, 1070989,
SUPREME COURT OF ALABAMA, December 5, 2008, Released
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Overview: Because a buyer at a tax sale filed an adverse-possession action well short of the three-year limitations period for redemption in Ala. Code ¿ 40-10-82, it was premature because the owner's right of redemption had not yet been extinguished; therefore, the trial court erred in quieting title in the buyer based on his tax deed.
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