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   State Courts - Alabama - December 29, 2006

  
Boyd v. State, 1051122, SUPREME COURT OF ALABAMA, December 29, 2006, Released
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Boyd v. Ottman, 2050250, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: Judgment restraining boyfriend from committing further acts of abuse against a girlfriend under the Alabama Protection from Abuse Act was affirmed as a boyfriend who had his own house, but who had stayed at his girlfriend's house for a two-and-a-half month stay, with a final stay of two weeks, was a household member under Ala. Code § 30-5-2(a)(4).

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Brown v. Brown, 2050141, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: Judgment reducing father's child support obligation was reversed as there was not substantial evidence that father's annual income was $ 62,500 under Ala. R. Jud. Admin. 32(B) since he did not submit business's financial statements, his lifestyle had not materially decreased since he earned $ 120,000, and he had net worth of over $ 900,000.

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Durr v. Durr, 2040925, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: Husband's appeal of denial of second postjudgment motion was dismissed for lack of appellate jurisdiction as 42-day period in which to file appeal under Ala. R. App. P. 4(a)(1) began to run when trial court denied husband's first postjudgment motion. Appeal was filed more than 42 days after denial of first postjudgment motion.

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Ex parte Trinity Auto. Servs., Ltd., 2040984, 2041020, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: Alabama court erred in finding a forum-selection clause in a lease unjust and unenforceable on grounds that the distance between New York and Alabama made it difficult for an Alabama lessee to defend the lessor's complaint, as the lessee presented no evidence that its financial situation precluded it from defending itself in a New York court.

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Fowler v. Johnson, 1041379, SUPREME COURT OF ALABAMA, December 29, 2006, Released
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Overview: Though a sheriff had good cause to fire a deputy who was charged with felonies, he violated the deputy's due process rights by failing to provide him pre-termination notice and a hearing. But under Ala. Code § 45-2-234.04, the county, not the State, funded the sheriff's operations; thus, the sheriff was immune from the deputy's claim for back pay.

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Holmes v. Macon County Bd. of Educ., 2050967, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: Judgment for defendants was affirmed, as probationary principal was not entitled under Alabama Teacher Accountability Act to evaluation 90 days prior to termination of contract, as both Ala. Code § 16-24B-3(i)(1) and Professional Education Personnel Evaluation System of Alabama manual provided only for evaluation of contract principals.

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Jackson v. Nat'l Sec. Fire & Cas. Co., 2050422, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: Summary judgment for insurer was reversed as owners' right to redeem under Ala. Code § 6-5-248(b) was insurable interest, even though it was not property interest under Ala. Code § 6-5-250, as it was actual, lawful, and substantial economic interest in preservation of property free from loss under Ala. Code § 27-14-4(b).

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McIntyre v. Satch Realty, Inc., 2041102, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: Appeal of denial of Ala. R. Civ. P. 60(b)(1) motion was dismissed for lack of appellate jurisdiction as although time for appealing final default judgment was tolled while Ala. R. Civ. P. 55(c) motion was pending, appeal was filed after Ala. R. App. P. 4. period. Ala. R. Civ. P. 60(b)(1) motion was attempt to have second review of default judgment.

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Smith v. Ledbetter, 2050836, COURT OF CIVIL APPEALS OF ALABAMA, December 29, 2006, Released
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Overview: As a restrictive covenant, providing that every residence had to face the street on which the lot fronted, contained a latent ambiguity, since the lot at issue was bordered by two streets, it was properly interpreted against neighbors who sought to enforce it and in favor of property owners, who were held not to have violated the covenant.

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