20 results for 'judge:"Fridy"'.
J. Fridy finds that the lower court improperly granted the employers' motion for summary judgment in this breach of contract lawsuit brought by a nurse practitioner whose employment was allegedly terminated before her contract had expired. There are issues of fact precluding summary judgment on the nurse practitioner's contract claim, specifically as to whether or not she was entitled to 60 days' written notice of her termination. The order was appropriate, however, as to her conversion claim. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: April 12, 2024, Case #: CL-2023-0666, Categories: Employment, Conversion, Contract
J. Fridy grants the maternal grandmother's petition for a writ of mandamus, in which she challenges a juvenile court order "stating that all requested relief and causes of action" were transferred to the circuit court. The juvenile court's prior order "purporting to transfer the modification action to the circuit court" was a nullity. Accordingly, the grandmother is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: February 16, 2024, Case #: CL-2023-0820, Categories: Civil Procedure, Family Law
J. Friday finds the trial court erred in granting the father’s protection for abuse order against the boyfriend, because the boyfriend did not commit any act of domestic violence against the father’s minor daughter as defined by the statute. Further, the minor daughter’s act of running away with the boyfriend to escape her father’s strict household was both deliberate and consensual. Reversed and remanded.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: January 19, 2024, Case #: CL-2023-0221, Categories: Family Law, Restraining Order
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J. Fridy finds that the lower court improperly permitted the mother to relocate with the child to Georgia and modified the father's visitation in this dispute between two parents following their divorce. The trial court erred by admitting certain exhibits, which "contained inadmissible hearsay," and the error was not harmless. Contrary to the mother's argument, the exhibits were not cumulative of other testimony. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: November 9, 2023, Case #: CL-2022-1265, Categories: Civil Procedure, Evidence, Family Law
J. Fridy finds that the lower court improperly awarded the wife alimony and divided the marital property in this divorce action, but properly invalidated the parties' postnuptial agreement. The lower court did not make the required findings in awarding the wife alimony. However, the record sufficiently supports a finding that the postnuptial agreement was invalid. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: November 9, 2023, Case #: CL-2022-1230, Categories: Evidence, Family Law
[Consolidated.] J. Fridy finds that the lower court properly terminated the mother's parental rights to five of her six children but improperly terminated her parental rights to the sixth child. The department failed to show that "the status quo was not a viable alternative to terminating the mother's parental rights" to the sixth child, who has special needs and is currently in foster care. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: October 27, 2023, Case #: CL-2023-0179, Categories: Evidence, Family Law
J. Fridy grants the maternal grandmother's petition for a writ of mandamus, in which she challenges the juvenile court's transfer order in the underlying modification action. The maternal grandmother contends that the injunction against her is inequitable, and the juvenile court has jurisdiction to consider the issue. Accordingly, she is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: October 27, 2023, Case #: CL-2023-0523, Categories: Civil Procedure, Family Law
J. Fridy denies the department's petition for a writ of mandamus, in which it challenges the denial of its dismissal motion in the underlying proceeding regarding an individual's unemployment-compensation benefits. The lower court has jurisdiction "to review the question of the timeliness" of the individual's initial administrative appeal. Accordingly, the department is not entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: August 25, 2023, Case #: CL-2023-0346, Categories: Civil Procedure, Employment
J. Fridy finds that the lower court improperly ruled against the former wife in this contempt action that she brought against the former husband involving certain stock certificates. The evidence shows that the husband "willfully refused" to deliver the certificates to the former wife as required. Accordingly, the lower court erred by denying her contempt claim. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: July 28, 2023, Case #: CL-2022-1235, Categories: Contempt, Family Law, Property
[Consolidated.] J. Fridy finds that the lower court improperly terminated the parental rights of the mother and the father to three children. The evidence does not establish the finding "that there was no viable alternative" to termination of their rights. The department was required to show that it investigated the children's relatives to determine their suitability "to care for the children while the parents continued their efforts to rehabilitate themselves." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1182, Categories: Civil Procedure, Family Law
J. Fridy finds that the lower court properly determined that the child remained dependent and vested custody in the paternal grandmother. The department's petition properly invoked the jurisdiction of the juvenile court, and there was no error in transferring custody to the grandmother. The mother's appeal is dismissed as to the shelter-care order. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1192, Categories: Family Law, Jurisdiction
J. Fridy finds that the lower court improperly deviated from the child-support guidelines without making the required written findings in this modification proceeding. Accordingly, that part of the case must be remanded for a new judgment that either awards child support in accordance with the guidelines or provides a written justification for the deviation. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-0916, Categories: Civil Procedure, Family Law
[Consolidated.] J. Fridy grants these petitions for writs of mandamus, in which the relators challenge the transfer of their respective cases to juvenile court. The circuit court had jurisdiction over the two actions, which both involve the adjudication of paternity. Accordingly, they are entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: May 19, 2023, Case #: CL-2023-0225, Categories: Civil Procedure, Family Law