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| Point Clear Landing Ass'n v. Kaylor, 2050608,
COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Judgment awarding purchaser riparian rights was reversed as pleadings were not deemed amended to conform to evidence under Ala. R. Civ. P. 15(b). Purchaser's claim based on mention of "navigable waters" in Ala. Code § 33-7-50 that association was on notice of riparian rights claim was rejected. Purchaser's evidence was relevant to tried issues.
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| Robinson v. Evans, 1051344,
SUPREME COURT OF ALABAMA, December 8, 2006, Released
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Overview: As evidence supported a court's finding that plaintiffs failed to prove either that improvements to condominium were totally destroyed, or that the condominium property (which included real estate) suffered substantial destruction, deterioration or obsolescence, court properly refused to terminate condominium under Ala. Code § 35-8-20(b)(1), (2).
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| S.B. v. St. James Sch., 1031517, 1040486,
SUPREME COURT OF ALABAMA, December 8, 2006, Released
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Overview: Trial court properly granted summary judgment to private school, headmaster, and volunteer, in the first case and male classmate and adult in second case, as parents did not show liability in first case over the way their daughters were expelled and did not show liability in the second case regarding the way the explicit photographs were handled.
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| Smith v. Smith, 2050427,
COURT OF CIVIL APPEALS OF ALABAMA, December 8, 2006, Released
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Overview: Because a divorce judgment failed to address whether a personal injury award to the husband was his separate property under the analytic approach, remand was ordered, and the husband would be allowed to introduce additional evidence on the issue. Further, due to the wife's health condition, his COBRA obligations were enforced.
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| SouthTrust Bank v. Bowen, 1040411,
SUPREME COURT OF ALABAMA, December 8, 2006, Released
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Overview: Trial court erred in denying a bank's motion to compel arbitration of a defendant's counterclaim, because the bank showed the existence of contracts calling for arbitration and that those contracts evidenced banking transactions affecting interstate commerce, which implicated the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq.
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