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   State Courts - Alabama - November 3 - November 5, 2004
  
Ex parte T.T.W., 2031145, COURT OF CIVIL APPEALS OF ALABAMA, November 3, 2004, Released
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Overview: Transferor court lost jurisdiction after it granted a motion to transfer an action to the transferree court. Thus, it could not reconsider, vacate, or set aside its order. When it did so, mandamus relief was properly allowed to the affected party.

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Childers v. State, 1031029, SUPREME COURT OF ALABAMA, November 5, 2004, Released
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Overview: As indictment lacked factual allegation that defendant was aided in the commission of robbery by another who was actually present, it did not charge second-degree robbery; as his guilty plea did not validly amend indictment, he could withdraw it.

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Ex parte Phillips, 1031513, SUPREME COURT OF ALABAMA, November 5, 2004, Released
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Overview: As letter sent by defense counsel to plaintiffs' counsel did not constitute an "appearance," defendant was not entitled to three days' notice of plaintiffs' application for default judgment; trial court thus erred in setting aside default judgment.

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Glass v. City of Dothan Pers. Bd., 2030242, COURT OF CIVIL APPEALS OF ALABAMA, November 5, 2004, Released
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Overview: City personnel board's affirmance of police officer's dismissal was arbitrary and capricious as City pursued dismissal based on officer's failure to apply for vacant positions. It was uncontroverted that officer did not qualify for vacant positions.

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Goodyear Tire & Rubber Co. v. Moore, 2030383, COURT OF CIVIL APPEALS OF ALABAMA, November 5, 2004, Decided
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Overview: Employer lacked standing to review an order calculating the attorney's fees owed to an employee's attorney, as it paid no portion of said fee. Thus, the appeals court lacked jurisdiction over an employer's appeal, warranting dismissal of the same.

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Pollard v. Unus Props., LLC, 1030926, 1031030, SUPREME COURT OF ALABAMA, November 5, 2004, Released
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Overview: City properly denied a rezoning request to limit future high density uses, and such was substantially related to the health, safety, morals, and general welfare of the community. Furthermore, the city's denial was consistent with the land use plan.

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Scott v. Boykin, 1031227, SUPREME COURT OF ALABAMA, November 5, 2004, Released
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Overview: Alabama's highest court dismissed executrix's appeal of probate court order to intermediate court court and allowed executor to correct notice of appeal to request transfer of appeal to highest court as it had sole jurisdiction over appeal.

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