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   State Courts - Alabama - December 8, 2006
  
Bessemer Water Serv. v. Lake Cyrus Dev. Co., 1040956, SUPREME COURT OF ALABAMA, December 8, 2006, Released
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Overview: Trial court erred in enforcing a contract between a city and a development company. Because the construction of a waterworks was a public-works project pursuant to Ala. Code ? 39-2-1(5), and because a city department did not advertise for sealed bids as required by Ala. Code ? 39-2-2, the contract was void.

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City of Dothan v. Brackin, 2050558, COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Personnel board had before it substantial evidence indicating that magistrate was negligent in failing to account for traffic ticket as required by Ala. Code ??12-12-54 and Ala. R. Jud. Admin. 19(A)(5) since magistrate failed to assign case number for traffic ticket that she found was missing, and she failed to allow matter to proceed.

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Ex parte Queen, 1050140, SUPREME COURT OF ALABAMA, December 8, 2006, Released
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Overview: On remand, a trial court had no authority to order an evidentiary hearing to determine the competency of the parties' father where the remand order did not direct the same and the issue was already determined in a prior decision, with the trial court obligated to make its findings and judgment on the existing record.

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Ex parte Trawick, 1050749, SUPREME COURT OF ALABAMA, December 8, 2006, Released
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Overview: Where parents sued a social worker for allegedly failing to inform them that a day care home's co-owner had been accused of sexual abuse, because they filed suit on behalf of their minor children, Ala. Code ? 6-2-8, suspended the statute of limitations, and the suit was not time-barred.

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Fausak's Tire Ctr., Inc. v. Blanchard, 2050633, COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Agreement as to sale of decedent's membership interest in LLC did not fall within Ala. Code ? 8-9-2(5) of Alabama Statute of Frauds, even though LLC's sole asset was real estate. Under Ala. Code ? 10-12-23(a), title to real estate acquired by LLC vested in the LLC, not its members, who had no interest in specific LLC property under ? 10-12-23(b).

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First Props., L.L.C. v. Bennett, 2050832, COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Despite the fact that no rigid time limit existed with which to effectuate a judicial redemption of property sold at a tax sale, because a property owner had already been given more than a reasonable time to redeem his property, the trial court erred in allowing the owner an additional three years within which to effect a redemption.

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Hamilton v. Connally, 1050655, SUPREME COURT OF ALABAMA, December 8, 2006, Released
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Overview: Because a trial court order in an action seeking an accounting and the removal of an estate executor did not resolve the issue of how much the executor was to repay the estate for legal fees paid in a separate suit, the trial court's order was not a final judgment subject to appeal. Therefore, the appeal was dismissed.

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J.S. v. S.C., 2050576, 2050577, COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Where a mother was incarcerated, it was not error under Ala. Code ? 12-15-1.1 to award custody to a couple who wanted to adopt her children, rather than relatives of the children, because, inter alia, the couple regularly visited the children, the relatives had minimal contact, and the relatives only sought custody because the children were family.

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McClellan v. McClellan, 2050015, COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Award to a husband of 61 percent, and to a wife of 39 percent, of marital assets was not inequitable as husband was not guilty of domestic violence, husband did not contribute to breakdown of marriage by excessive drinking, and husband denied that he gave wife jewelry. The finding that the jewelry was marital property was proper.

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McDonald v. Lighami Dev. Co., L.L.C., 2050572, COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Summary judgment for landlord was reversed as pedestrian presented substantial evidence that landlord had constructive knowledge that stepping stones on which she fell were hazardous in wet weather since tenant had advised landlord that stepping stones were broken and slippery and that ground around them was mushy in wet weather.

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