102 results for 'court:"Alabama Supreme Court"'.
J. Cook finds the lower court improperly denied a developer's motion to do build housing on a plot of land. The local planning commission was found to not have sufficient evidence denying them permission based on safety issues and residential concerns. Reversed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 8, 2023, Case #: SC-2023-0017, Categories: Property, Zoning, Housing
J. Mitchell finds the trial court properly ruled that a man should not receive additional profits after being sued to give back the land he bought from a tax sale to the original owners, as he already received compensation and could not show evidence that he was entitled to "mesne profits." Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: December 8, 2023, Case #: SC-2023-0495, Categories: Property, Tax, Contract
J. Mendheim finds the circuit court properly ruled that sellers of a hemophilia company had the right to enforce payment of a promissory note. The debtors' argument that the sellers did not prove who possessed the note is without merit. The case is remanded to allow further explanation of the calculation of the attorney fees and expenses. Affirmed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: December 1, 2023, Case #: SC-2023-0058 , Categories: Business Practices, Attorney Fees, Contract
J. Mendheim denies a teacher’s writ of mandamus petition and in effect denies immunity against claims of assault and battery filed by a student who claims she had held the student's hands behind his back to allow another student to hit him. The teacher’s alleged actions violated the corporal-punishment policy and are not protected by state-agent immunity.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: December 1, 2023, Case #: SC-2023-0322, Categories: Civil Rights, Immunity, Assault
J. Cook finds that the lower court partly erred in ruling on a wrongful death claim settlement. As it was unclear who the appropriate attorney for the deceased is, and which one had the authority to issue a settlement, the case is remanded to hold an evidentiary hearing on who is the correct attorney. Reversed in part.
Court: Alabama Supreme Court, Judge: Cook, Filed On: December 1, 2023, Case #: SC-2023-0216, Categories: Settlements, Vehicle, Wrongful Death
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J. Stewart finds the lower court properly dismissed a suit where a guardian failed to properly serve the lawsuit to the driver regarding a motor vehicle accident. Because the first action was dismissed for want of prosecution, the second action was properly dismissed based on res judicata. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 27, 2023, Case #: SC-2022-0982, Categories: Civil Procedure, Tort, Vehicle
Per curiam, the Alabama Supreme Court finds that the trial court properly ruled in favor of a city's ban on short-term rentals. The city did not violate due process and was not precluded by estoppel from enforcing the ordinance, as claimed by a city council member and homeowner who used his basement as a short-term rental. Affirmed.
Court: Alabama Supreme Court, Judge: Per curiam, Filed On: October 27, 2023, Case #: SC-2022-0741, Categories: Property, Zoning, Due Process
J. Cook grants the motion of a high school principal and superintendent for writ of mandamus to receive state-agent immunity in a case stemming from the death of a student who was inadvertently shot by a classmate who brought a gun to school. There is no evidence that the school officials acted beyond their authority.
Court: Alabama Supreme Court, Judge: Cook, Filed On: October 27, 2023, Case #: SC-2022-0981, Categories: Immunity, Negligence, Wrongful Death
J. Bryan affirms the trial court’s ruling that an insurance company has to provide coverage to a couple hit by an uninsured driver on wantonness and negligence claims for speeding through an intersection. The insurer waived its challenge to the subsequent-negligence jury instruction, and the evidence supports the claim of wantonness by the accused driver. Affirmed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: October 20, 2023, Case #: SC-2022-0901, Categories: Insurance, Damages, Negligence
J. Cook issues a writ of mandamus sought by a church assistant to dismiss defamation claims filed by a pastor against her for having informed his new church of rape allegations and writing a blog post about the incident . As the assistant resides in another state and does not have sufficient contacts with Alabama, the court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: October 13, 2023, Case #: SC-2023-0062, Categories: Employment, Defamation, Jurisdiction
J. Stewart finds the trial court properly granted summary judgment to an oncology office against defamation claims filed by their fired employees who state an anonymously submitted letter accusing them of unethical behavior should not have been disbursed to the other employees. The former employees failed to establish the publication element of the defamation claim. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 13, 2023, Case #: SC-2022-0907, Categories: Employment, Evidence, Defamation
[Consolidated.] J. Sellers finds the lower court properly ruled in granting a right-of-way to a landowner to access their house in a landlocked area despite protest from an adjacent property owner. The landowner "established the existence of a prescriptive easement" to access her property for recreational and agricultural purposes. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: September 15, 2023, Case #: SC20230198, Categories: Property, Real Estate, Business Practices
J. Wise finds that the lower court improperly ruled when denying the motion to add all siblings, who are all heirs, to an estate suit that was initially between three siblings. The remaining heirs have interests in the subject property and are "necessary parties" based on the relevant statute. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: September 15, 2023, Case #: SC20230264, Categories: Real Estate, Trusts, Wills / Probate
J. Mendheim finds that the lower court improperly allowed the exclusion of evidence in a motor vehicle accident case where a driver was not required to disclose his medical treatment from previous car accidents, making it hard to determine which medical injuries derived from which accident when seeking damages. Reversed.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: September 1, 2023, Case #: SC20220937, Categories: Evidence, Tort, Damages
J. Mitchell finds the lower court did not have the subject matter jurisdiction to issue a transportation company’s motion for a preliminary injunction against the state transportation agency to stop them from building a bridge, where the business alleges it was done in “bad-faith” to deter drivers away from their bridge avoid paying a toll. Reversed and remanded.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: August 25, 2023, Case #: SC-2023-0354, Categories: Transportation, Agency, Contract
J. Mitchell finds that the lower court properly ruled when denying an property owner’s motion to vacate a decision that would result in her losing possession of land she had purchased from a company, who originally bought the land from a tax sale, as the county had failed to give proper notice of the tax sale to the original land owner. Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: August 25, 2023, Case #: SC-2022-1034, Categories: Property, Tax, Contract
J. Shaw finds the lower court improperly issued a stay in an insurance company’s motion for injunctive relief against prior employees who are accused of stealing customers. The stay was issued to allow counter claims filed by the prior employees to investigate criminal charges against the insurance but were found meritless.
Court: Alabama Supreme Court, Judge: Shaw, Filed On: August 25, 2023, Case #: SC-2022-0939, Categories: Employment, Insurance, Injunction
Alabama Supreme Court finds the lower court properly ruled a sister can not pursue wrongful death claims against a driver who crashed into her brother’s car. The sister alleges it caused her brother’s sepsis and death six months later but failed to show enough material fact between the event and his death. Affirmed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: August 25, 2023, Case #: SC-2023-0009, Categories: Evidence, Vehicle, Wrongful Death