Alabama Cases ©   Coverage   Help   Search Westlaw   Topic: AllCommercial Law & ContractsCriminal JusticeEducationEstate Planning & ProbateFamily LawFinance & BankingGovernment BenefitsGovernment ContractsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsProfessional MalpracticeReal PropertyTaxationTort LawWorkers Compensation STATE of Alabama v. J.L.D. , Ala.Crim.App., November 13, 2009 Appeal from Montgomery Circuit Court (CC-08-450). On Return to Remand MAIN, Judge. The State of Alabama appeals from the circuit court's decision to grant J.L.D.'s pretrial motion to suppress cocaine seized by the police. SeeRule 15.7, Ala.R.Crim.P. In its order granting the motion to suppress, the trial court referred to an earlier ruling granting the motion; however, this Court could find no such prior ruling by the trial court. Thus, we remanded this cause by order for the trial court to... Towanda TAITE v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Wilcox Circuit Court (CC-07-06). WELCH, Judge. This appeal arises out of the misappropriation of funds from the Wilcox County Water/Waste Department, where Towanda Taite and codefendant Sylvia Ross had been employed. Taite was charged by a Wilcox County grand jury in case no. CC-07-2006 with theft of property in the first degree, a violation of § 13A-8-3, Ala.Code 1975, and with a violation of the State ethics laws--using her official position or office for personal gain, a vi... Brent Cody BROWN v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Cullman Circuit Court (CC-05-400). KELLUM, Judge. The appellant, Brent Cody Brown, was convicted of murder, a violation of § 13A-6-2, Ala.Code 1975. The circuit court sentenced Brown to 99 years' imprisonment. The court ordered Brown to pay a $20,000 fine, $10,000 to the crime victims compensation fund, and attorney fees. The evidence presented at trial established the following pertinent facts. On September 8, 2005, Martha McCoy went to the home of her grandson, Joseph Sco... STATE of Alabama v. Nancy Lillian WORLEY. , Ala.Crim.App., November 13, 2009 Appeal from Montgomery Circuit Court (CC-07-475). WELCH, Judge. [FN1] FN1. This case was originally assigned to another judge on this Court. Presiding Judge Kelli Wise, Judge Mary Windom, and Judge Jim Main recused themselves. The case was reassigned to Judge Welch on May 20, 2009. On July 21, 2009, Chief Justice Sue Bell Cobb of the Alabama Supreme Court appointed retired Alabama Supreme Court Justice Janie Shores to sit specially on this case pursuant to §§ 12-18-7(b) and 12-18-10(e), Ala.... Kenneth Eugene BILLUPS v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Jefferson Circuit Court (CC-05-1755). WISE, Presiding Judge. The appellant, Kenneth Eugene Billups, was convicted of capital murder for the killing of Stevon Lockett. The murder was made capital because he committed it during the course of a first-degree robbery. See§ 13A-5- 40(a)(2), Ala.Code 1975 . After a sentencing hearing, by a vote of 7-5, the jury recommended that Billups be sentenced to imprisonment for life without the possibility of parole. The trial court overr... Kevin Dewayne LANE v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Jefferson Circuit Court (CC-07-2680). WELCH, Judge. Kevin Dewayne Lane was indicted on July 13, 2007, by a Jefferson County grand jury for the murder of Ronald Smith, a violation of § 13A-6-2, Ala.Code 1975. Lane was tried before a jury and was convicted as charged in the indictment. On October 27, 2008, the trial court sentenced Lane to a term of imprisonment of 75 years. The evidence presented at trial tended to show that Lane and Ebony Smith had, over a period of four or... Y.N. v. JEFFERSON COUNTY DEPARTMENT OF HUMAN RESOURCES. , Ala.Civ.App., November 13, 2009 Appeal from Jefferson Juvenile Court (JU-07-54206 and JU-07-54207). THOMPSON, Presiding Judge. On December 13, 2007, the Jefferson County Department of Human Resources ("DHR") filed complaints alleging that B.N. and W.N. III (hereinafter together referred to as "the children") were dependent children. [FN1] The dependency complaints alleged that the children's parents, Y.N. ("the mother") and W.N., Jr. ("the father"), were abusing drugs and that the children were not adequately supervised... Ex parte Varonika HAMILTON (In re Varonika Hamilton v. State Department of Postsecondary Education and Chattahoochee Valley Community College). , Ala.Civ.App., November 13, 2009 (Montgomery Circuit Court, CV-08-901412). THOMPSON, Presiding Judge. Varonika Hamilton filed a complaint in the Montgomery Circuit Court ("the trial court") against the Alabama Department of Postsecondary Education ("the Department") and Chattahoochee Valley Community College ("CVCC") seeking declaratory relief or, in the alternative, the issuance of a writ of mandamus requiring the Department and CVCC (hereinafter together referred to as "the petitioners") to reinstate her to her employ... Christopher Wayne JOHNSTON v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Baldwin Circuit Court (CC-06-2175). KELLUM, Judge. Pursuant to a negotiated plea agreement, the appellant, Christopher Wayne Johnston, was convicted of felony driving under the influence of alcohol ("DUI"), a violation of § 32-5-191(a)(2) and (h), Ala.Code 1975. The circuit court sentenced Johnston to five years' imprisonment. Additionally, the court ordered Johnston to pay a $5,000 fine and $250 to the crime victims compensation fund. Before pleading guilty, Johnston moved... Preston Louis MOORE v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Calhoun Circuit Court (CC-04-708 & CC-04-628). WINDOM, Judge. Preston Louis Moore was convicted of one count of murder made capital because it was committed during the course of a burglary, a violation of § 13A-5-40(a)(4), Ala.Code 1975, and of two counts of attempted murder, violations of §§ 13A-6-2 and 13A-4-2, Ala.Code 1975. Moore was sentenced to life without the possibility of parole for the capital murder conviction and was sentenced as an habitual felony offender to lif... A.L.L. v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Dale Circuit Court (CC-06-240). On Remand from the Alabama Supreme Court KELLUM, Judge. [FN1] FN1. This case was originally assigned to another judge on the Court of Criminal Appeals; it was reassigned to Judge Kellum on January 20, 2009. The appellant, A.L.L., was indicted for vehicular homicide, a violation of § 32-5A-192, Ala.Code 1975, and for assault in the second degree, a violation of § 13A-6-21, Ala.Code 1975. A.L.L. subsequently applied for and was granted yout... Shonelle Andre JACKSON v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Montgomery Circuit Court (97-2300.60). MAIN, Judge. Shonelle Andre Jackson, appeals the circuit court's summary dismissal of his Rule 32, Ala.R.Crim.P., petition for postconviction relief, challenging his capital-murder conviction and sentence of death, and his first-degree theft conviction and sentence of life imprisonment. On February 27, 1998, Jackson was convicted in the Montgomery Circuit Court of the intentional murder of Lefrick Moore during the course of a robbery, ... Jimmy Lamar KILLINGSWORTH, Jr. v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Bibb Circuit Court (CC-05-9). WISE, Presiding Judge. The appellant, Jimmy Lamar Killingsworth, Jr., was convicted of capital murder for the killing of Steven C. Spears, Jr. ("Steven") and one count of second-degree assault for the assault of Monica Spears ("Monica"), a violation of § 13A-6-21(a)(2), Ala.Code 1975. The murder was made capital because he committed it through the use of a deadly weapon while the victim was in a vehicle, a violation of § 13A-5-40(a)(17), Ala.Code ... Henry PENICK v. MOST WORSHIPFUL PRINCE HALL GRAND LODGE F & A M OF ALABAMA, INC. , Ala., November 13, 2009 Appeal from Jefferson Circuit Court (CV-07-902645). COBB, Chief Justice. Henry Penick, the defendant in an action in the Jefferson Circuit Court seeking specific performance of an agreement to execute a deed in lieu of foreclosure and ejectment, appeals from a summary judgment in favor of the plaintiff, Most Worshipful Prince Hall Grand Lodge F & A M of Alabama, Inc. ("the Lodge"). We affirm in part, reverse in part, and remand. I. Factual Background and Procedural History Penick is a m... HOLCIM (US), INC., Edward J. Thierry, Jr., and Dennis R. Odom v. The OHIO CASUALTY INSURANCE COMPANY and Industrial Services of Mobile, Inc. , Ala., November 13, 2009 Certified Questions from the United States Court of Appeals for the Eleventh Circuit (No. 07-15931). SHAW, Justice. The United States Court of Appeals for the Eleventh Circuit has certified to this Court, pursuant to Rule 18, Ala. R.App. P., two questions: "1. Whether, under Alabama law, an indemnitee may enforce an indemnification provision and recover damages from an indemnitor resulting from the combined or concurrent fault or negligence of the indemnitee and indemnitor? "2. Wh... William D. SMALLWOOD, Sr., et al. v. HOLIDAY DEVELOPMENT, LLC, and Seaside Title, LLC. William D. Smallwood, Sr., et al. v. Holiday Development, LLC, and Seaside Title, LLC. , Ala., November 13, 2009 Appeals from Baldwin Circuit Court (CV-06-1271 and CV-06-1299). STUART, Justice. William D. Smallwood, Sr., and various other individuals and business entities that contracted with Holiday Development, LLC, to purchase units in its planned San Carlos condominium development in Gulf Shores (these individuals and business entities are hereinafter referred to as "the purchasers") united to sue Holiday Development and Seaside Title, LLC, the escrow agent holding their deposits, in the Baldwin... Demarlos Mentrel DAVIS v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Houston Circuit Court (CC-99-473). On Remand from the Alabama Supreme Court WISE, Presiding Judge. In accordance with the Alabama Supreme Court's opinion, see Ex parte Davis, [Ms. 1080515, September 4, 2009] --- So.3d ---- (Ala .2009), we reverse the trial court's judgment and remand this case to the trial court for proceedings that are consistent with that opinion. REVERSED AND REMANDED. John Frederick BURTON v. STATE of Alabama. , Ala.Crim.App., November 13, 2009 Appeal from Mobile Circuit Court (CC-08-471). WINDOM, Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. WELCH, Judge, dissenting. John Frederick Burton appealed from his conviction for manslaughter, a violation of § 13A-6-3, Ala.Code 1975, and his sentence of 17 years in prison. Burton was originally indicted by a Mobile County grand jury for murder but was ultimately convicted of the lesser-included offense of manslaughter. Burton did not file any postjudgment motions. Burton preserved t... David BARBER, Emory Folmar, and Christopher Murphy v. CORNERSTONE COMMUNITY OUTREACH, INC., and Freedom Trail Ventures, Ltd. Governor Bob Riley v. Cornerstone Community Outreach, Inc., and Freedom Trail Ventures, Ltd. , Ala., November 13, 2009 Appeals from Lowndes Circuit Court (CV-09-900019). MURDOCK, Justice. On December 30, 2008, Governor Bob Riley issued Executive Order No. 44 creating the Governor's Task Force on Illegal Gambling ("the Task Force"). The order stated that the purpose of the Task Force was "promoting and supporting uniform statewide enforcement of Alabama's anti-gambling laws and to carry out the Alabama Constitution's strong public policy against lottery schemes and illegal gambling." The order created a sp... Ex parte STATE of Alabama. (In re James Shouldis v. State of Alabama). , Ala., November 13, 2009 BOLIN, Justice. The writ of certiorari is quashed. In quashing the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). WRIT QUASHED. David YOUNG and Debbie Young v. Kathy LEDFORD. , Ala.Civ.App., November 6, 2009 Appeal from Randolph Circuit Court (CV-08-77). PITTMAN, Judge. This appeal, transferred to this court by the Alabama Supreme Court pursuant to Ala.Code 1975, § 12-2-7(6), involves the competing rights of adjoining landowners as to a tree whose trunk is located on their common boundary, an issue of apparent first impression under Alabama law. [FN1] Based upon our review of applicable American precedents, we reverse the judgment of the Randolph Circuit Court and remand the cause for further... Joe ZEGARELLI v. MONTEVALLO PLANNING AND ZONING COMMISSION. , Ala.Civ.App., November 6, 2009 Appeal from Shelby Circuit Court (CV-07-986). BRYAN, Judge. Joe Zegarelli appeals from a judgment granting the summary-judgment motion of the Montevallo Planning and Zoning Commission ("the Commission") and denying Zegarelli's summary-judgment motion. We affirm. The trial court's judgment recites the factual background pertinent to this appeal: "At [its October 18, 2007, public] meeting the Commission considered proposals for the development of townhomes on two parcels of property ... L.T. v. W.L. and T.L. , Ala.Civ.App., November 6, 2009 Appeal from Lee Juvenile Court (JU-05-36.03). THOMAS, Judge. L.T. ("the mother") has four children. Her third child, C.K. ("the child"), was born prematurely in July 2003. In October 2003, while the mother was pregnant with her fourth child, W.L. ("the maternal grandfather") and T.L. ("the maternal stepgrandmother") (collectively referred to as "the maternal grandparents"), in response to pressure from family members and involvement by the Montgomery County Department of Human Resources (... Joni O'Shields SIMS v. Edward Lee SIMS. , Ala.Civ.App., November 6, 2009 Appeal from Morgan Circuit Court (DR-04-974.01). PITTMAN, Judge. Joni O'Shields Sims ("the wife") appeals from a judgment divorcing her from Edward Lee Sims ("the husband") that, she claims, improperly divided the parties' marital assets and did not award her alimony or direct the husband to provide her health-insurance coverage. The parties were married on October 24, 1977; they separated on October 31, 2004, when the husband moved out of the marital residence. The parties' only child... Boyd James LANDRY v. Angela O. LANDRY. , Ala.Civ.App., November 6, 2009 Appeals from Autauga Circuit Court (DR-06-65.02). MOORE, Judge. Boyd James Landry ("the father") and Angela 0. Landry ("the mother") were divorced by a judgment entered by the Autauga Circuit Court ("the trial court") on October 4, 2007. In that divorce judgment, the trial court ordered the father to pay $2,500 as child support for the parties' four minor children. [FN1] On June 9, 2008, the father filed a petition to modify his child- support obligation; the trial court clerk assigned t... Joe FENISON v. BIRMINGHAM SPRING SERVICE, INC., et al. Birmingham Spring Service, Inc. v. Joe Fenison. , Ala.Civ.App., November 6, 2009 Appeals from Jefferson Circuit Court (CV-04-3927). PITTMAN, Judge. These consolidated cases arise out of an action brought in the Jefferson Circuit Court in June 2004 by Joe Fenison ("the employee") against three defendants: his former employer, Birmingham Spring Service, Inc. ("the employer"); Attenta, Inc., the employer's workers' compensation insurance administrator ("Attenta"); and Sarah Hargrove, an employee of Attenta. In that action, the employee sought compensatory and punitive da... Karen M. TAYLOR v. GOODYEAR TIRE & RUBBER COMPANY, INC. , Ala.Civ.App., November 6, 2009 Appeal from Morgan Circuit Court (CV-03-844). MOORE, Judge. Karen M. Taylor appeals from a judgment of the Morgan Circuit Court awarding her workers' compensation benefits. We affirm in part and reverse in part. Facts and Procedural History On September 30, 2003, Taylor sued Goodyear Tire & Rubber Company, Inc. ("Goodyear"), seeking workers' compensation benefits for an injury she had sustained that allegedly resulted from an accident arising out of and in the course of her employment ... R.J.G. v. S.S.W. , Ala.Civ.App., November 6, 2009 Appeal from Baldwin Juvenile Court (JU-2008-403.01 and CS-2005-313.01). On Application for Rehearing PER CURIAM. The opinion of August 21, 2009, is withdrawn, and the following is substituted therefor. On November 30, 2005, R.J.G. filed a complaint in the Baldwin Juvenile Court ("the juvenile court") alleging that he is the biological father of A.G. ("the child") and seeking a judicial determination of his paternity of the child. In that complaint, R.J .G. sought to enforce his visitati... R.L.M.S. v. ETOWAH COUNTY DEPARTMENT OF HUMAN RESOURCES. J.B.C. v. Etowah County Department of Human Resources. , Ala.Civ.App., November 6, 2009 Appeals from Etowah Juvenile Court (JU-06-73.03 and JU-07-283.03). MOORE, Judge. In appeal number 2080892, R.L.M.S. ("the mother") appeals from the Etowah Juvenile Court's judgment terminating her parental rights to A.C. and J.C., two of her children ("the children"). In appeal number 2080926, J.B.C. ("the father") appeals from that same judgment to the extent that it terminated his parental rights to the children. We affirm. Procedural History On May 1, 2009, the Etowah County Departme... Stan DUBOSE v. STATE of Alabama. , Ala.Crim.App., November 6, 2009 Appeal from Bullock Circuit Court (CC-95-132). PER CURIAM. The appellant, Stan Dubose, appeals his convictions for assault in the second degree and kidnapping in the second degree. He was sentenced to 15 years in prison on the assault conviction and to 40 years in prison on the kidnapping conviction, the sentences to be served consecutively. Dubose was convicted of the offenses in December 1995, but he was not sentenced until January 2009. He filed a written notice of appeal on March 2, 2... Ex parte Carthell GARNER. (In re Carthell Garner v. State of Alabama). , Ala., November 6, 2009 PER CURIAM. The petition for the writ of certiorari is denied. WRIT DENIED. LYONS, Justice (concurring specially). Chief Justice Cobb's special writing, concurring in part and dissenting in part, concludes that Carthell Garner adequately stated a conflict between the Court of Criminal Appeals' unpublished memorandum in his case, Garner v. State (No. CR-08-0187, July 31, 2009), --- So.3d ---- (Ala.Crim.App.2009) (table), and Grimsley v. State, 632 So.2d 547 (Ala.Crim.App.2003). Garne... Ex parte M. Barnett LAWLEY et al. (In re: Jerald Drummond et al. v. M. Barnett Lawley et al.). , Ala., November 6, 2009 Petition for Writ of Mandamus (Montgomery Circuit Court, CV-08-900399). PER CURIAM. M. Barnett Lawley, the commissioner of the Alabama Department of Conservation and Natural Resources ("the Department"); Terry Boyd, the chief of engineering for the Department; Hugh Branyon, the superintendent of Gulf State Park ("the Park"); and Michael Guin, the park manager and pier manager of the Park ("the petitioners"), petition this Court for a writ of mandamus directing the Montgomery Circuit Court... Ex parte BIRMINGHAM BOARD OF EDUCATION. (In re Francine Boone et al. v. Birmingham Board of Education). , Ala., November 6, 2009 PARKER, Justice. The petitioner, the Birmingham Board of Education ("the BOE"), asks us to review the decision of the Alabama Court of Civil Appeals holding that appointments to nonteaching supplemental positions made by the BOE are subject to the notification requirements of the Teacher Tenure Act, § 16-24-1 et seq., Ala.Code 1975 ("the TTA"), for nonrenewal when the appointee is a "teacher" as that term is defined in the TTA. The BOE argues that the Court of Civil Appeals has improperly ext... Ex parte Joe Nathan JAMES, Jr. (In re Joe Nathan James, Jr. v. State of Alabama). , Ala., November 6, 2009 Holding: Granting review, the Supreme Court held that the Court of Criminal Appeals could not sua sponte apply preclusionary grounds in postconviction rule. Reversed and remanded. PER CURIAM. Joe Nathan James, Jr., petitioned this Court for a writ of certiorari to review the Court of Criminal Appeals' decision affirming the circuit court's denial of his Rule 32, Ala. R.Crim. P ., petition. See James v. State, [Ms. CR-04-0395, April 28, 2006] --- So.3d ---- (Ala.Crim.App.2006). We granted... A.S.T. v. ETOWAH COUNTY DEPARTMENT OF HUMAN RESOURCES. , Ala.Civ.App., October 30, 2009 Appeal from Etowah Juvenile Court (JU-05-445.02). THOMAS, Judge. This is a termination-of-parental-rights case. In September 2005, the Etowah County Department of Human Resources ("DHR") took A.S.F. ("the child") into custody after receiving allegations that her older half brother had raped her older half sister and after M.P .F., the child's mother, died suddenly from a brief illness. The child, who was two years old at the time, had been reared in a Spanish-speaking home. At the time th... PROGRESSIVE SPECIALTY INSURANCE COMPANY v. Mildred KYLE. , Ala.Civ.App., October 30, 2009 Appeal from Limestone Circuit Court (CV-08-124). THOMAS, Judge. On October 15, 2006, Mildred Kyle was a passenger in an automobile driven by her husband, Jerry Kyle. The Kyles' daughter and grandson, Jennifer Kyle and Jace Kyle, and Jasmine Braswell, a family friend, were also passengers in the Kyle automobile. An automobile driven by Carl Howard collided with the Kyle automobile. All the occupants of the Kyle automobile were injured to varying degrees, with Mildred Kyle being injured ... Ex parte Laci WATSON et al. (In re Yolanda Givan, as personal representative of the estate of Dominic Ware v. Laci Watson et al.). , Ala., October 30, 2009 Holdings: The Supreme Court, Smith, J., held that: (1) state defendants did not demonstrate a clear legal right to a holding that a heightened level of pleading specificity applied in the case; (2) child abuse and neglect investigator acted beyond her authority by failing to conduct visit to mother's home and was not entitled to state-agent immunity; (3) ongoing service worker failed to comply with her supervisor's "checklist" and was not entitled to state-agent immunity; and (4) t... CIT COMMUNICATION FINANCE CORPORATION v. McFADDEN, LYON & ROUSE, L.L.C. , Ala., October 30, 2009 Appeal from Mobile Circuit Court (CV-03-2072). PER CURIAM. This is the third time these parties have been before this Court. See Ex parte CIT Commc'n Fin. Corp. (No. 1040529, June 24, 2005), 926 So.2d 381 (Ala.2005) (table), and Ex parte CIT Commc'n Fin. Corp., 897 So.2d 296 (Ala.2004). CIT Communication Finance Corporation ("CIT") now appeals the Mobile Circuit Court's order certifying, pursuant to Rule 23(b)(3), Ala. R. Civ. P., a nationwide class of persons and entities who entered in... M.M. v. D.P. and C.P. , Ala.Civ.App., October 30, 2009 Appeal from Marion Probate Court (20070513). MOORE, Judge. M.M. ("the father") appeals from a judgment of the Marion Probate Court ("the probate court") granting a petition for adoption of J.D. ("the child") filed by the child's mother, D.P. ("the mother"), and her husband, C.P. ("the stepfather"). We dismiss the appeal. The parties have previously been before this court. See M.M. v.. D.P., 10 So.3d 605 (Ala.Civ.App.2008). In M.M., the stepfather filed a petition to adopt the child, w... Percy MARSH v. Heather Marsh SMITH. , Ala.Civ.App., October 30, 2009 Appeal from Mobile Circuit Court (DR-04-501376.01). THOMAS, Judge. Percy Marsh ("the father") and Heather Marsh Smith ("the mother") were divorced in July 2005. The divorce judgment was based on an agreement of the parties to share joint legal and physical custody of their only child, a daughter, with each parent's having physical custody of the daughter for one week at a time and neither parent's paying child support to the other. Both parents lived in Mobile County. The evidence was und... Clark Daniel MONTGOMERY v. Cynthia C. MONTGOMERY Cynthia C. Montgomery v. Clark Daniel Montgomery. , Ala.Civ.App., October 30, 2009 Appeals from Russell Circuit Court (DR-99-138 and DR-99-138.01). BRYAN, Judge. Clark Daniel Montgomery ("the husband") appeals from a judgment of the Russell Circuit Court ("the trial court") purporting to correct a clerical error in a Qualified Domestic Relations Order ("QDRO") in case no. DR-99- 138. Cynthia C. Montgomery ("the wife") cross-appeals from the same judgment of the trial court insofar as it denied her petition for a rule nisi without conducting an evidentiary hearing on the... HERRING-MALBIS I, LLC, Eastern Shore Centre I, LLC, and Eastern Shore Centre II, LLC v. TEMCO, INC. , Ala.Civ.App., October 30, 2009 Appeal from Baldwin Circuit Court (CV-06-495). PITTMAN, Judge. Herring-Malbis I, LLC; Eastern Shore Centre I, LLC; and Eastern Shore Centre II, LLC (collectively "Herring-Malbis") appeal from an order of the Baldwin Circuit Court awarding an attorney fee to TEMCO, Inc. ("TEMCO"), pursuant to Ala.Code 1975, § 8-29-1 et seq ., usually referred to as the Prompt Payment Act. [FN1] We reverse the trial court's order awarding an attorney fee to TEMCO. FN1. The official designation of th... Andrew MILLER et al. v. Governor Bob RILEY et al. , Ala., October 30, 2009 Appeal from Montgomery Circuit Court (CV-08-1416). SMITH, Justice. Andrew Miller and his siblings, Joanne Brown, Curtis Miller, Daryl Miller, Earl Miller, Larry Miller, Janice Williams, and Michael Youngblood (hereinafter Miller and his siblings are sometimes referred to collectively as "the plaintiffs"), appeal from an order of the Montgomery Circuit Court denying their motions for a temporary restraining order and a preliminary injunction. We affirm the order in part and dismiss the app... DICKSON CAMPERS, INC. v. CITY OF MOBILE. , Ala.Civ.App., October 30, 2009 Appeal from Mobile Circuit Court (CV-03-205). On Remand from the Alabama Supreme Court THOMAS, Judge. The prior judgment of this court has been reversed by the Supreme Court of Alabama. See Ex parte City of Mobile, [Ms. 1061581, September 4, 2009] --- So.3d ---- (Ala.2009). On remand to this court, and in compliance with the supreme court's opinion of September 4, 2009, the judgment of the circuit court is affirmed. AFFIRMED. Ex parte Stacey McKENZIE. (In re Tracey Booker v. Stacey McKenzie et al.). , Ala., October 30, 2009 Holdings: The Supreme Court, Bolin, J., held that: (1) evidence supported motorist's motion to transfer venue; (2) police officer's affidavit could be considered for purpose of determining location of accident; and (3) officer's accident report was admissible strictly for purpose of ruling on motion to transfer venue. Petition granted; writ issued. BOLIN, Justice. Stacey McKenzie petitions this Court for a writ of mandamus directing the Wilcox Circuit Court to vacate its orde... LVNV FUNDING, LLC v. Tammie Lynn (Moncries) BOYLES. , Ala.Civ.App., October 23, 2009 Appeal from Jefferson Circuit Court (CV-06-2319). BRYAN, Judge. LVNV Funding, LLC ("LVNV"), appeals from a judgment denying its motion to vacate a default judgment pursuant to Rule 60(b)(4), Ala. R. Civ. P. [FN1] We reverse and remand. FN1.Rule 60(b) provides, in pertinent part: "On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: ... (4) the judgmen... Deborah FORD v. STRINGFELLOW MEMORIAL HOSPITAL, Willie Stokes, M.D., and Millennium Health Clinic, P.C. , Ala. Civ.App., October 23, 2009 Holdings: The Court of Civil Appeals, Thompson, P.J., held that: (1) nurses testifying for defendants established the standard of care and breach regarding the cooling of wrist traction towers being used in surgery following sterilization; (2) fact question on proximate cause precluded summary judgment; (3) patient was not required to provide expert testimony on claim against hospital, as all matters could be easily understood and determined without the aid of medical experts; and ... STATE DEPARTMENT OF HUMAN RESOURCES, on behalf of J.A.S. v. A.G. , Ala.Civ.App., October 23, 2009 Appeal from Mobile Juvenile Court (CS-05-125.01). THOMAS, Judge. On October 29, 2008, the State Department of Human Resources ("DHR"), on behalf of J.A.S., filed a petition in Mobile Juvenile Court to hold A.G. in contempt for failing to pay court-ordered child support. The juvenile court assigned the case to a referee, who conducted an ore tenus hearing on April 20, 2009. The referee determined that A.G. did not have the ability to pay and, therefore, that he should not be held in contem... JEFFERSON COUNTY et al. v. Dan WEINRIB, as the duly elected tax assessor of Jefferson County. , Ala., October 23, 2009 Appeal from Jefferson Circuit Court (CV-09-2301). STUART, Justice. Jefferson County and the members of the Jefferson County Commission (hereinafter referred to collectively as "the County") appeal the judgment entered by the Jefferson Circuit Court prohibiting the County from reducing the budget of Dan Weinrib, the duly elected tax assessor of Jefferson County, or from reducing the number of hours employees in Weinrib's office are authorized to work. We reverse and remand. I. On Jan... MADISON COUNTY DEPARTMENT OF HUMAN RESOURCES v. T.S., by her mother and next friend F.M., and F.M., individually. , Ala., October 23, 2009 Holding: The Supreme Court, Stuart, J., held that trial court order was insufficient to allow meaningful appellate review of the reasonableness of $262,500 attorney fee award. Remanded with directions. Appeal from Limestone Circuit Court (CV-08-292). STUART, Justice. Madison County Department of Human Resources ("DHR"), the legal guardian of T.S., appeals the trial court's judgment approving the settlement of a personal-injury claim involving T.S. and approving an attorney fee in the ... Ex parte STATE of Alabama. (In re State of Alabama v. William D. Cornelius III and Billy W. Thompson, Colbert County Revenue Commissioner). , Ala., October 23, 2009 BOLIN, Justice. The State of Alabama petitions this Court for a writ of mandamus directing the Colbert Circuit Court to enter an order dismissing, on the basis of sovereign immunity, the counterclaim for inverse condemnation filed by William D. Cornelius III. I. Background On January 25, 2008, the State, acting by and through the Alabama Department of Transportation, filed in the Colbert Probate Court a petition for condemnation of a portion of property owned by Cornelius and on which Colbe... LPP MORTGAGE, LTD. v. Emmitt H. BOUTWELL, Sr., et al. , Ala., October 23, 2009 Appeal from Pike Circuit Court (CV-05-232). COBB, Chief Justice. The facts underlying this appeal are as follows. Boutwell Lumber Company, Inc., executed a note in the amount of $750,000 to ITT Small Business Finance Corporation ("ITT") on April 15, 1991; the note was secured by a mortgage. The transaction was executed through the offices of the United States Small Business Administration ("SBA"). [FN1] Emmitt H. Boutwell, Sr., and his wife Jamie P. Boutwell, and Emmitt H. Boutwell, Jr., ... CNH AMERICA, LLC v. Tammy ROEBUCK. , Ala., October 23, 2009 Appeal from Marshall Circuit Court (CV-05-200273). STUART, Justice. Tammy Roebuck sued CNH America, LLC ("CNH"), in the Marshall Circuit Court seeking damages for the wrongful death of her husband, Chris Roebuck, who was killed in an accident involving a backhoe manufactured by CNH. At the conclusion of a jury trial, the jury returned a verdict in favor of CNH; however, on Roebuck's motion, the trial court subsequently ordered a new trial on the ground of juror misconduct. CNH appeals, ar... NICHOLAS MADALONI and M.A. PUBLISHING SYNDICATE, a corporation v. The CITY OF MOBILE et al. , Ala., October 23, 2009 Appeal from Mobile Circuit Court (CV-05-3394). SMITH, Justice. This action concerns a variety of constitutional and statutory challenges to Act No. 2004-382, Ala. Acts 2004, now codified at §§ 11-54B-40 through -58, Ala.Code 1975, and City of Mobile Ordinance no. 50-39-2005 by plaintiffs Nicholas Madaloni and M.A. Publishing Syndicate, a corporation. Act No. 2004-382 authorized the City of Mobile to enact Ordinance no. 50-39-2005, which created a self-help business-improvement district ("... Ex parte Stephanie NETTLES (In re Stephanie Nettles v. Arnold White). , Ala., October 23, 2009 BOLIN, Justice. The petition for the writ of certiorari is quashed. In quashing the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). WRIT QUASHED. MURDOCK, Justice (dissenting). I respectfully dissent from quashing the writ of certiorari. The petition before us purported to provide two grounds fo... SVERDRUP TECHNOLOGY, INC. v. Ronnie ROBINSON d/b/a ADR Technical Services. , Ala., October 23, 2009 Appeal from Madison Circuit Court (CV-04-384). On Application for Rehearing. LYONS, Justice. On August 14, 2009, this Court affirmed, without an opinion, a judgment entered on a jury verdict awarding compensatory damages to Ronnie Robinson d/b/a ADR Technical Services ("Robinson") [FN1] in the amount of $78,000 on Robinson's claim of intentional misrepresentation against Sverdrup Technology, Inc. ("Sverdrup"). In the brief supporting its application for a rehearing, Sverdrup urges this Cou... Lenzie GILL v. Mary Jones COBERN. , Ala., October 23, 2009 Holding: The Supreme Court held that failure of plaintiff's attorney to appear at pretrial conference did not amount to willful or contumacious conduct and, thus, did not warrant dismissal of the action for failure to prosecute. Reversed and remanded. Appeal from Chilton Circuit Court (CV-06-1). PER CURIAM. Lenzie Gill appeals from the trial court's dismissal of his claims against Mary Jones Cobern. We reverse and remand. Facts and Procedural History On January 3, 2006, Gill and Viol... Homer Osborne JOHNSON and Schurlock Holland v. Cheryl NEAL and Corburt Chisley. , Ala., October 23, 2009 Appeal from Macon Circuit Court (CV-06-48). PER CURIAM. Homer Osborne Johnson and Schurlock Holland (hereinafter collectively referred to as "the proponents") appeal from a judgment entered by the Macon Circuit Court setting aside the Macon Probate Court's admission to probate of Homer C. Osborne's will ("the will"). We vacate the judgment and dismiss the appeal. Facts and Procedural History Homer C. Osborne died on July 17, 1973. On August 3, 2004, the proponents, who are two of Osborn... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com