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| Ala. Dep't of Conservation & Natural Res. v. Exxon Mobil Corp., 1070716,
SUPREME COURT OF ALABAMA, December 12, 2008, Released
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Overview: As trial court's declaratory judgment, ordering oil company to pay future royalties according to plain language of leases, did not fix an amount of future royalties company owed State, the judgment was not "money judgment" for purposes of Ala. Code § 8-8-10. Thus, postjudgment interest did not accrue on future royalties after entry of the judgment.
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| Ball Healthcare-Jefferson, Inc. v. Ala. Medicaid Agency, 2070135,
COURT OF CIVIL APPEALS OF ALABAMA, December 12, 2008, Released
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Overview: It was error to uphold the Alabama Medicaid Agency's practice of determining property-cost-center reimbursements with reference to a particular minimum occupancy rate of 85 percent. The plain language of Ala. Admin. Code r. 560-x-22-.06(2)(d)6 envisioned only the use of reported patient days in the determination of a "fair rental payment."
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| Brown v. ABUS Kransysteme GmbH, 1071184,
SUPREME COURT OF ALABAMA, December 12, 2008, Released
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| Cambria, Inc. v. Worldwide Custom Materials, Inc., 2070855,
COURT OF CIVIL APPEALS OF ALABAMA, December 12, 2008, Released
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Overview: Because the judgment debtors did not prove their unsworn allegations or to otherwise rebut the presumption that a Minnesota court had jurisdiction to enter a judgment, the Alabama trial court erred in setting aside the judgment after it was filed pursuant to the Uniform Enforcement of Foreign Judgments Act, Ala. Code § 6-9-230 et seq.
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| Child Day Care Ass'n v. Christesen, 2070286,
COURT OF CIVIL APPEALS OF ALABAMA, December 12, 2008, Released
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Overview: Judgment that awarded workers' compensation claimant benefits for injury to body as whole rather than for injuries to scheduled members under Ala. Code § 25-5-57(a)(3) was affirmed as claimant testified that injuries to right ankle and left knee caused pain in back, which affected efficiency of back by limiting mobility and range of motion.
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| Drees v. Turner, 2070849,
COURT OF CIVIL APPEALS OF ALABAMA, December 12, 2008, Released
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Overview: Because the trial court considered evidence outside the pleadings in disposing of the defendants' motions to dismiss, thereby converting each of their respective motions into summary-judgment motions, the parties were entitled to an opportunity to introduce affidavits and other evidence to demonstrate that genuine issues of material fact existed.
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| Johnson v. Hall, 2070927,
COURT OF CIVIL APPEALS OF ALABAMA, December 12, 2008, Released
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Overview: Default judgment was reversed as, although summons and complaint were mailed to realtor as registered agent and realty company at company's registered address and signed certified-mail receipts were returned, returns were illegible, and Ala. R. Civ. P. 4.2(b)(1) presumption did not establish that realtor and company were properly served.
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| M.M. v. D.P., 2070830,
COURT OF CIVIL APPEALS OF ALABAMA, December 12, 2008, Released
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Overview: Because there was no evidence that a presumed father waived his right to notice of a child's adoption, notwithstanding his noncompliance with Ala. Code § 26-10C-1 et seq., and because he was not notified of the pending adoption proceeding, an order denying his motion to set aside was void and would not support an appeal.
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| MasterBrand Cabinets, Inc. v. Ruggs, 2050800,
COURT OF CIVIL APPEALS OF ALABAMA, December 12, 2008, Released
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Overview: Judgment awarding workers' compensation claimant double compensation under Ala. Code § 25-5-8(e) was affirmed as general counsel in Alabama Department of Industrial Relations (DIR) testified that DIR's records indicated that neither employer, nor owner, had workers' compensation insurance or was self-insured at time of claimant's injury.
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