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   State Courts - Alabama - December 30, 2005
  
Allied Prods. Corp. v. Thomas, 2040458, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: Trial court did not err in denying the corporation's relief from a default judgment motion entered against it on workers' compensation claim filed against it; record did not show it was party or party's legal representative, as required by Ala. R. Civ. P. 60(b), and, thus, the record did not show its standing to move trial court for that relief.

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BFI Waste Servs., L.L.C. v. Circle J Roll-Offs, Inc., 2040092, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: The attorney did not bind appellant under Ala. Code ? 34-3-21 in a settlement agreement. Correspondence between appellee and appellant merely indicated that they were on the verge of settlement. Attorney for appellant's statement in two hearings that a tentative oral settlement had been reached did not constitute an agreement made in open court.

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Benton v. King, 2040424, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: Trial court did not violate Ala. Code ? 34-3-60 (1975) by awarding fees to an intervening attorney in a partition action, as the attorney's acts on behalf of a minority owner were for the common benefits all of the owners, even though the minority owner who hired the attorney sold their interest before the partition action was concluded.

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Carter v. Carter, 2031104, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: Trial court's award of one-half of a husband's retirement benefits plus alimony to a wife after the husband retired was excessive where after the husband retired, the husband would be forced to live on approximately $ 750 per month, before taxes, while the wife would receive an income (including her own earnings) in excess of $ 3,200 per month.

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Ex parte City of Tuskegee, 1040062, SUPREME COURT OF ALABAMA, December 30, 2005, Released
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Overview: Under Ala. Code ? 11-47-190, a city was immune from liability for the alleged intentional torts of its agents and was, therefore, entitled to summary judgment on that count but the city, two police officers, a court clerk, and a magistrate were not entitled to summary judgment as to allegations of false arrest and imprisonment.

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Kaufman v. Kaufman, 2040100 and 2040276, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: Property division under Ala. Code ? 30-2-51 was abuse of discretion as parties were married for 33 years, they were both at or near retirement age, husband's financial contributions to marriage were primarily considered and little value was placed on wife's contributions, and trial court incorrectly found that all assets were not marital assets.

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McGallagher v. Estate of DeGeer, 2040049, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: A probate court judgment removing a daughter as executrix of her father's estate was upheld on appeal where the undisputed evidence showed that she had commingled estate assets with her own personal assets as well as failed to include several rental properties and rental collection amounts with the estate assets.

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Nave v. Nave, 2040252, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: Trial court erred in finding a father in contempt of court under Ala. R. Civ. P. 70A for failing to pay child support, as the parties' separation agreement was ambiguous as to exactly when the father's support obligation would terminate, and thus the father could not be in contempt.

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Pate v. Guy, 2031005, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: Trial court erred in failing to award retroactive child support under Ala. Code ? 30-3-110 et seq. where mother began teaching within year of separation in order to provide sufficient income and health coverage for herself and children and father did not pay any household expenses, other than homeowners' insurance, after he filed his complaint.

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Pate v. Guy, 2040214, COURT OF CIVIL APPEALS OF ALABAMA, December 30, 2005, Released
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Overview: Because the trial court found the mother in criminal contempt, pursuant to Ala. R. Civ. P. 70A and Ala. Code ? 12-11-30(5) (1975), as demonstrated by the fact that it sentenced her to 24 hours in jail, the attorney fees award was improper and had to be severed from the judgment.

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