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| BellSouth Communs. Sys., L.L.C. v. West, 1030861,
SUPREME COURT OF ALABAMA, December 3, 2004, Released
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Overview: A company was not entitled to arbitration as a customer's damages related only to overcharges which were incurred by the time he filed the action, and the company failed to attach any evidence showing if and when the customer kept using its service.
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| Ederer v. Ederer, 2020310,
COURT OF CIVIL APPEALS OF ALABAMA, December 3, 2004, Released
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Overview: Wife was properly denied a modification of her alimony, as she was not required to assume the expenses caused by her adult children and she lacked proper money-management skills, including an imprudent decision to remain in the marital home.
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| Ex parte Ala. Farmers Coop., Inc., 1031252,
SUPREME COURT OF ALABAMA, December 3, 2004, Released
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Overview: Summary judgment was erroneously entered, where a fact issue existed as to when a corporation knew or should have known of alleged concealments in its auditor's financial statements for the limitations period to have begun on its fraud claim.
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| Ex parte Fiber Transp., L.L.C., 2030952,
COURT OF CIVIL APPEALS OF ALABAMA, December 3, 2004, Released
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Overview: Where an employer failed to timely file its mandamus petition seeking redress from an order allowing an employee to serve it by publication, and failed to address the factors listed in the comments in an appellate rule, its petition was dismissed.
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| Ex parte Foushee, 2031092,
COURT OF CIVIL APPEALS OF ALABAMA, December 3, 2004, Released
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Overview: Mother was entitled to mandamus relief where trial court issued orders after mother's voluntary dismissal of child custody case. Mother was entitled to dismissal as of right since father had not filed answer or motion for summary judgment.
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| Ex parte Robey, 1031442,
SUPREME COURT OF ALABAMA, December 3, 2004, Released
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Overview: Inmate was erroneously convicted of first degree assault under different subsections of statute. Convictions were based on same conduct of inmate and same injuries to same victim. Under circumstances, multiple prosecutions violated double jeopardy.
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| Ex parte Williford, 1031420,
SUPREME COURT OF ALABAMA, December 3, 2004, Released
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Overview: After removal of an action to the bankruptcy court, the circuit court lacked jurisdiction to enter a Hammond order against the landlords, but the landlords were not entitled to another Hammond hearing. Thus, mandamus on the latter claim was denied.
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| Hunt v. NationsCredit Fin. Servs. Corp., 2030147,
COURT OF CIVIL APPEALS OF ALABAMA, December 3, 2004, Released
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Overview: Mortgagor's assignee was properly awarded attorney fee as mortgagee's defenses to foreclosure of failure of consideration and lack of mutual assent were unavailing against holder in due course and note required her to pay collection costs.
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| J.S.M. v. P.J., 2030812,
COURT OF CIVIL APPEALS OF ALABAMA, December 3, 2004, Released
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Overview: Trial court could award custodian of nearly 14-year-old child, who had lived with custodian for about 13 years, visitation rights as child was dependent child, who was suffering emotionally due to father's decision to require him to live with him.
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| Jim Walter Res., Inc. v. Riles, 2020627,
COURT OF CIVIL APPEALS OF ALABAMA, December 3, 2004, Released
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Overview: Where an employee failed to establish a prima facie case of constructive discharge and was still employed, albeit in a position that was not medically authorized, the employer was entitled to a pre-verdict judgment as a matter of law on this claim.
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