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| Eady v. Crews Mobile Homes, Inc., 2050743,
COURT OF CIVIL APPEALS OF ALABAMA, November 22, 2006, Released
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Overview: A trial court erred in dismissing an alleged guarantor's third-party complaint against an assignor as time-barred, as her tort claims against the assignor did not accrue when her son forged her name on documents relating to the sale and financing of a mobile home, but when she was sued by the assignee after her son defaulted on the note.
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| Ex parte Bad Toys Holdings, Inc., 1051310,
SUPREME COURT OF ALABAMA, November 22, 2006, Released
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Overview: Petition for a writ of mandamus was granted, as the trial court erred in denying petitioners' motion to dismiss an action by the president of a company, as a forum selection clause in a purchase agreement was mandatory, and the president's claims were subject to the clause, so Tennessee was the proper forum for the claims.
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| Ex parte Head, 1050977,
SUPREME COURT OF ALABAMA, November 22, 2006, Released
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Overview: Record supported a trial court's conclusion that further cross-examination of defendant's expert would deprive defendant of his only defense to murder charges. As there was thus manifest necessity for declaring mistrial, and there were means of shielding defendant from prejudice in any retrial, dismissal was not required under the Fifth Amendment.
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| Marchand v. Kerr-McGee Chem., LLC, 2050705,
COURT OF CIVIL APPEALS OF ALABAMA, November 22, 2006, Released
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Overview: Appeal of summary judgment on retaliatory discharge counterclaim was dismissed on appellate court's own motion as summary judgment did not resolve worker's claims against doctor, woman, and employer in consolidated case. Trial court did not certify judgment against worker in retaliatory discharge suit as final judgment under Ala. R. Civ. P. 54(b).
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| Quick v. Burton, 2050408,
COURT OF CIVIL APPEALS OF ALABAMA, November 22, 2006, Released
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Overview: No-opinion affirmance was withdrawn. This opinion was substituted for it affirming judgment as it had to be inferred that trial court found that court reporter could transcribe record, but did not do so because presence at trial was waived by seller or seller did not pay court reporter. There was no transcript or Ala. R. App. P. 10(d) statement.
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| State Dep't of Human Res. ex rel. Bowen v. Bowen, 2050544,
COURT OF CIVIL APPEALS OF ALABAMA, November 22, 2006, Released
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Overview: Alabama State Department of Human Resources' (DHR) appeal of judgment entered in contempt case filed by ex-wife and custody case filed by ex-husband was dismissed as DHR was not party below since DHR did not intervene in cases. As DHR did not show that it was real party in interest, DHR was not proper party to bring appeal.
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