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| Bell v. Owens, 2050725,
COURT OF CIVIL APPEALS OF ALABAMA, December 15, 2006, Released
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Overview: Trial court erred in entering summary judgment for lawyer in legal malpractice case. The only document attached to motion as evidentiary exhibit was unsigned, unsworn affidavit. Later affidavit, while properly verified, was unaccompanied by any motion. Thus, lawyer failed to present prima facie case that he was entitled to a summary judgment.
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| Ex parte George, 1051568,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: Under circumstances in which student who served as an extern with judge presiding over underlying personal injury case, later took a position with firm representing defendant in the underlying case, even if judge was initially disqualified by student's involvement, disqualification was cured when the extern ceased her affiliation with the court.
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| Ex parte Howell Eng'g & Surveying, Inc., 1050579,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: The line of cases holding that a partial restraint of trade was not void under Ala. Code § 8-1-1 even when there was no corollary noncompetition agreement with the employee, was determined to be the better reasoned and any caselaw that conflicted with that opinion were overruled.
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| Ex parte Martin, 1050430,
SUPREME COURT OF ALABAMA, December 15, 2006, Decided
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Overview: Trial court improperly transferred custody of son to father, as it erred in finding that mother's decision to send son to licensed wilderness-treatment program was a material and detrimental change of circumstances affecting the child's welfare and that the father was a fit custodial parent, in light of testimony about his drinking and gambling.
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| Ex parte Orkin, Inc., 1050981,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: Pest control company was entitled to mandamus relief under Ala. R. App. P. 21(a)(3) for review of discovery orders because company was first denied protective order under Ala. R. Civ. P. 26(c) and the orders exceeded trial court's discretion by not limiting production of customer files to discovery reasonably calculated for admissible evidence.
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| Ex parte T.V., 1050365,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: Because a trial court did not, after full consideration of all the viable alternatives to terminating a biological mother's parental rights, find clear and convincing evidence that none existed, the order terminating her rights was reversed and the case was remanded for full consideration of viable alternatives to termination.
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| Hun Es Tu Malade? #16, LLC v. Tucker, 1051148, 1051222,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: Where the intent and development of certain property by the common grantor evidenced a common scheme prohibiting commercial use of the property, the judgment of a trial court enjoining developers from constructing a retail pharmacy on two parcels in a neighborhood was upheld on appeal.
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| Jones Food Co. v. Shipman, 1051322,
SUPREME COURT OF ALABAMA, December 15, 2006, Released
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Overview: A premises owner had no superior knowledge of a risk of injury and did not owe a common law duty to an injured contractor who fell from a ladder since the placement of the ladder at a 45 degree angle, in direct opposition to its warning label, was an open and obvious risk.
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| Kaufmann v. Kaufmann, 2050810,
COURT OF CIVIL APPEALS OF ALABAMA, December 15, 2006, Released
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Overview: Trial court did not err in quashing certificate of judgment and process of garnishment ex-wife obtained against ex-husband, and in ordering her to remove certificate of judgment from counties where she had recorded it; pursuant to Ala. Code § 6-9-210 and Ala. Code § 6-9-211, she was not entitled to amount she claimed that the ex-husband owed her.
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