103 results for 'court:"Alabama Supreme Court"'.
J. Sellers finds the lower court properly granted an assistant district attorney's motion to dismiss claims of prosecutorial misconduct by an inmate who received a mistrial on a conviction of sexually assaulting a child but was convicted after a retrial. The relevant statute does not allow a prisoner to "use a rule of civil procedure to collaterally attack a criminal judgment." Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: May 3, 2024, Case #: SC-2023-0945, Categories: Negligence, Due Process, Jurisdiction
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J. Mitchell finds that the lower court improperly ruled when denying a nursing home’s motion to compel arbitration against two daughter co-guardians of a patient who died in their facility, even with only one daughter signing the the arbitration clause. Each of the co-guardians had "independent authority to sign agreements on behalf of their ward." Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0433, Categories: Arbitration, Wrongful Death, Guardianship
J. Mendheim finds the probate court properly ruled when denying an individual’s appeal to retrieve land he bought at a tax sale after the original owner petitioned to get the land back by redeeming the property. The individual's argument that he was not properly served with the redemption petition lacks merit. Affirmed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: March 22, 2024, Case #: SC-2023-0445, Categories: Property, Real Estate, Choice Of Law
J. Mitchell finds the trial court improperly ruled when finding a builder in breach of contract, as alleged by the city, when a project developer went bankrupt and the bank failed to finish the roads for the subdivision. The builder should not have been held responsible for the bank's contractual breach. Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0612, Categories: Bankruptcy, Construction, Contract
[Consolidated.] J. Mitchell affirms the circuit court's ruling that the county overvalued the property at a petrochemical plant when it assessed property taxes. The evidence supports the finding that the county's appraisals did not accurately reflect the property's fair market value. Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0183, Categories: Property, Real Estate, Tax
J. Mitchell finds the lower court properly determined that an attorney who was appointed as the administrator ad colligendum of the decedent's estate was not permitted to bring a wrongful death action against rehabilitation center. Caselaw specifies that only executors and general administrators may serve as personal representatives in a wrongful death action.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 8, 2024, Case #: SC-2023-0635, Categories: Wills / Probate, Jurisdiction, Wrongful Death
J. Wise finds that a new trial is necessary for a widow's claims stemming from the depiction of her dead husband in the TV show "Ghostly Encounters." The widow provided enough evidence for a jury to find that the show improperly alleged that the husband had sexually abused boys without attempting to verify that information or to include any disclaimers that the show was only for entertainment and should not be taken at face value. However, there was not enough evidence to support the widow's defamation claim. Because it cannot be assumed "that the verdict was based only on [the widow's] claims that were properly submitted to the jury," the entire verdict must be reversed. A new trial is ordered for the widow's invasion of privacy and tort of outrage claims. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: March 8, 2024, Case #: SC-2023-0132, Categories: Tort, Defamation, Privacy
J. Steward finds that the lower court properly denied a motion brought by an elected constable who was vacated from office for allegedly not timely paying the security bond. Because the constable filed his official bond before he took office, it was not untimely, so the certification of vacancy by Gov. Ivey was in error. However, the constable framed the issue as that of a conflict between two statutes, but his argument is incorrect. The trial court can't be faulted for rejecting the constable's sole argument. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: March 8, 2024, Case #: SC-2023-0496, Categories: Elections, Government
J. Cook grants a driver’s motion to vacate a lower court order declining to dismiss personal injury claims against him stemming from a motor vehicle accident. The driver lives in another state and the motor-vehicle collision at issue occurred in Mississippi, so the lower court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: March 8, 2024, Case #: SC-2023-0550, Categories: Vehicle, Damages, Jurisdiction
J. Seller finds the lower court correctly ruled when denying a citizen's open records request for immediate access to settlement agreements between the city and carpet/chemical manufacturers regarding pollution of the municipality’s water with PFAS, i.e. “forever chemicals.” There is currently bidding regarding a new water-treatment facility, so it is not in the public's best interest to disclose the settlements before the completion of the competitive-bid process. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 23, 2024, Case #: SC-2023-0530, Categories: Public Record, Water, Business Practices
[Consolidated.] J. Sellers finds that the lower court properly ruled that a casino cannot be held liable for stating the bad weather would be manageable when a bus crashed due to severe weather, killing a passenger and injuring others on board. The evidence does not show the casino had a duty to provide "accurate" weather information to the person who chartered the bus. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 16, 2024, Case #: SC-2023-0520, Categories: Transportation, Negligence, Wrongful Death
[Consolidated.] J. Mitchell reverses the lower court, instead finding that embryos outside of the biological uterus in a cryogenic nursery should be viewed as children, allowing coverage under the state's Wrongful Death of a Minor Act. This permits the parents whose embryos were destroyed to pursue punitive claims against the medical center. Reversed in part.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: February 16, 2024, Case #: SC-2022-0515, Categories: Constitution, Government, Negligence