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| Anderson v. Anderson, 2030024,
COURT OF CIVIL APPEALS OF ALABAMA, October 22, 2004, Released
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Overview: Court dismissed mother's appeal of order awarding father primary physical custody of child and ordering mother to pay child support because order was not a final appealable order as the trial court had not determined amount of mother's child support.
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| Deal v. Deal, 2021156,
COURT OF CIVIL APPEALS OF ALABAMA, October 22, 2004, Released
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Overview: Court lacked jurisdiction to hear wife's appeal of a divorce order because there was no final judgment of the trial court that would support an appeal; record did not show that husband had made an election between two options provided by trial court.
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| Dynegy, Inc. v. Cherokee Nitrogen Co., 1030557,
SUPREME COURT OF ALABAMA, October 22, 2004, Released
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Overview: Trial court properly denied natural gas suppliers' motion to dismiss a third-party complaint due to preemption by the Federal Energy Regulatory Commission's jurisdiction, as it was unclear how regulations impacted the retail natural gas market.
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| Ex parte Fort James Operating Co., 2020435,
COURT OF CIVIL APPEALS OF ALABAMA, October 22, 2004, Released
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Overview: Where week before trial, worker's third amendment to complaint sought for first time compensation for shoulder injury and revived withdrawn claim of back impairment, court erred by allowing amendment, which was not justified by claimed change in law.
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| Ex parte Sanders, 1030540,
SUPREME COURT OF ALABAMA, October 22, 2004, Released
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Overview: Inmate's petition for writ of mandamus was denied because he could not show that he was not notified of criminal appellate court's ruling denying his petition for postconviction relief until it was too late to file a timely application for rehearing.
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| Fosbel, Inc. v. Nunn, 2030102,
COURT OF CIVIL APPEALS OF ALABAMA, October 22, 2004, Released
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Overview: Substantial evidence supported trial court's finding that a claimant was permanently and totally disabled, but it erred in not requiring the employer to grant the claimant's first request to choose a new pain management doctor from a panel of four.
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| Glass v. Birmingham S. R.R. , 1022056,
SUPREME COURT OF ALABAMA, October 22, 2004, Released
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Overview: Summary judgment in favor of employer was reversed; employee presented evidence of material fact question as to what caused his injuries and that evidence created genuine fact issue as to whether employer's affirmative defenses applied.
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| Harbison v. Strickland, 1030591,
SUPREME COURT OF ALABAMA, October 22, 2004, Released
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Overview: In an action concerning a family-run LLC, summary judgment was unwarranted where the trial court erred in interpreting the operating agreement, and a mother failed to consider the best interest of the LLC before making any business decisions.
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| Lawrence v. Ala. State Pers. Bd., 2030290,
COURT OF CIVIL APPEALS OF ALABAMA, October 22, 2004, Decided
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Overview: Due to an untimely filing of a motion to extend the time to appeal, and the lack of an appeal from the court's original judgment, a trial judge lacked jurisdiction to grant the motion. Thus, an appeal from said void judgment was dismissed.
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| Nationwide Mut. Fire Ins. Co. v. Pabon, 1030184,
SUPREME COURT OF ALABAMA, October 22, 2004, Released
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Overview: An insured's misrepresentations were material to an insurer's acceptance of the risk presented where the insured, whose husband had filed a petition in bankruptcy within the previous seven years, was ineligible for a homeowner's insurance policy.
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