124 results for 'court:"Alabama Court of Civil Appeals"'.
J. Edwards denies the mother's petition for a writ of mandamus, in which she seeks an order for a forensic examination of the child and the disclosure of the child's mental-health records in the underlying custody dispute. The mother's petition was untimely filed as to her request for a forensic examination, and she fails to adequately argue her issue regarding the child's records.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 16, 2024, Case #: CL-2023-0903, Categories: Civil Procedure, Family Law, Health Care
Per curiam, the court of civil appeals finds that the lower court improperly entered a judgment on the pleadings in favor of the employer in this workers' compensation lawsuit. The former employee asserted that she had contracted Covid-19 while "in the line and scope of her employment." The court will not rule that it is "not compensable under the Act as a matter of law." Accordingly, the employee should be allowed an opportunity to support her claim. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0239, Categories: Employment, Health Care, Workers' Compensation
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court properly awarded custody of the children to the mother and awarded the father supervised visitation. The lower court had jurisdiction to enter its dependency judgments, and the father fails to argue on appeal that the evidence is insufficient to support "the implicit dependency determination." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0286, Categories: Evidence, Family Law, Jurisdiction
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[Consolidated.] J. Moore finds that the lower court properly ruled that the child at issue in these consolidated appeals "remained dependent as to the mother" and properly continued the mother's "supervised visitation with the child." Additionally, the foster parents' termination petition was properly denied, along with their petition for adoption. As to the father, the lower court erred in determining the child to be dependent as to him, and the case is accordingly remanded for further proceedings. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2022-1246, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly awarded rehabilitative alimony without making the express findings of fact required to support the award. Accordingly, the matter is due to be remanded. The court does not currently have jurisdiction over the husband's appeal, however, insofar as it pertains to the alimony in gross. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2023-0020, 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
J. Moore finds that the lower court properly entered a judgment enforcing a settlement agreement between the parties. The lower court determined that the appellant must pay the proceeds, even though an impostor had allegedly caused it "to wire the settlement proceeds to the impostor's bank account." There was no error in the ruling, as the appellant "was in the better position to have prevented the fraud." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0260, Categories: Fraud, Settlements, Contract
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court improperly terminated the parental rights of the mother and the father to their four children. The record indicates that the mother had stopped using methamphetamine and that she had completed certain classes, as well as counseling. The court also concludes that "there was a viable alternative to the termination of the father's parental rights." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 5, 2024, Case #: CL-2023-0263, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly entered a judgment against the employer in this case concerning an employee's "work-related back injury" and the employer's responsibility for future medical treatment. The lower court denied the employer's request for relief from a workers' compensation settlement, but it failed to enter written findings of fact and conclusions of law as required. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0340, Categories: Civil Procedure, Workers' Compensation
[Consolidated.] J. Edwards finds that the lower court improperly entered a child-support order against the mother in these consolidated dependency cases. The record does not show how the lower court calculated the mother's child-support obligation, so that issue must be remanded. The lower court did not err, however, by awarding "sole legal and sole physical custody to the maternal grandmother." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: January 5, 2024, Case #: CL-2023-0157, Categories: Civil Procedure, Family Law
Per curiam, the court of civil appeals finds that the lower court properly dismissed the appellant's petition against the commissioner of the Alabama Department of Corrections based on improper venue. The appellant fails to show that the case, which concerned the collection of child-support payments from an inmate account, should be heard in Lawrence County. However, the judgment improperly dismissed her petition on sovereign immunity grounds. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 5, 2024, Case #: CL-2023-0289, Categories: Civil Procedure, Immunity, Venue
J. Edwards finds that the lower court improperly terminated the mother's parental rights to her child. The evidence failed to establish that the department of human resources "properly investigated viable alternatives to the termination of the mother's parental rights." Specifically, the record contains "only minimal information" as to the department's efforts to find potential relative placements. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: December 15, 2023, Case #: CL-2023-0272, Categories: Evidence, Family Law
Per curiam, the court of civil appeals finds that the lower court improperly dismissed the appellant's personal injury lawsuit against the City of Birmingham, allegedly stemming from a fall on a city sidewalk. The court notes that the city attorney acknowledged receipt of the injured pedestrian's affidavit-of-claim form, which was mailed to "the address supplied by the City." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 8, 2023, Case #: CL-2023-0392, Categories: Civil Procedure, Tort, Negligence
Per curiam, the court of civil appeals finds that the lower court properly denied the mother's petition to modify custody. The lower court determined that she had failed to meet her burden to modify custody as established in Ex parte McLendon. On appeal, the mother argues that the standard should not apply in this dependency case. However, the court lacks the authority to create exceptions to the application of the McLendon standard, as the state's supreme court is "the only court able to create them." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 8, 2023, Case #: CL-2023-0336, Categories: Civil Procedure, Family Law
[Consolidated.] J. Edwards finds that the lower court improperly terminated the parental rights of the mother and the father to two of the four children at issue in these appeals. The evidence does not show that "adoption is a likely or foreseeable outcome" for the two children, who are both considered to have special needs. Also, two of the mother's appeals are dismissed based on a lack of jurisdiction, as the judgments are not final judgments. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: December 1, 2023, Case #: CL-2023-0033, Categories: Civil Procedure, Family Law
Per curiam, the court of civil appeals finds that the lower court improperly modified the father's visitation schedule with the children. The lower court exceeded its discretion in awarding the father graduated visitation "based entirely on speculation as to future circumstances." Instead, the schedule should be based on current circumstances. The rest of the judgment is due to be affirmed, however, including the finding of contempt against the mother. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 1, 2023, Case #: CL-2022-1025, Categories: Civil Procedure, Contempt, Family Law