A writ to prevent excessive amercement. | A writ founded on Magna Charta, which ...
Court of Civil Appeals of Alabama Court Cases
Myra McKissack Wallace appeals from a summary judgment entered in favor of Tee Jays Manufacturing Company, Inc. ("Tee Jays"). We dismiss her appeal because it is not taken from a "final judgment," as that term is used in § 12-22-2, Ala.Code 1975.
Court: Court of Civil Appeals of Alabama Docket: 2960109
Jonathan Edwards filed a complaint for workers' compensation benefits in the Circuit Court of Madison County against Jesse Stutts, Inc., alleging that he was owed benefits for a work-related injury. After a hearing, the trial court determined that Edwards was not entitled to workers' compensation benefits because he failed to "satisfy [the] court that he suffered an injury as a result of an accident which arose out of and in the course of his employment." Edwards appeals.
Court: Court of Civil Appeals of Alabama Docket: AV93000545
Phillips v. Phillips (1993)Brenda J. Phillips (mother) and Kenneth Phillips (father) divorced in 1987. Custody of the parties' two children was awarded to the mother, subject to visitation with the father, and the father was ordered to pay support. The evidence disclosed that following the divorce, both parties continued to reside within the same area and that the parties had frequent contact with the children and with each other. The record reveals that from February 1989, until the end of school in May 1989, the [...]
Court: Court of Civil Appeals of Alabama Docket: 2910576
Thrasher v. Wilburn (1990)
After a four-year marriage and the birth of one daughter, the parties were divorced in 1976. The mother was awarded custody of the three-year-old daughter. In November 1989 the mother filed a petition for modification, requesting that the father be required to continue monthly support payments beyond the daughter's age of majority and that he be required to contribute to her college education expenses.
Court: Court of Civil Appeals of Alabama Docket: Civ. 7742
Martin v. Martin (1994)Following an ore tenus proceeding, Judy K. Martin (mother) and William L. Martin (father) were divorced by a judgment of the Circuit Court of Shelby County on July 20, 1992. Pursuant to the judgment of divorce, the mother was awarded custody of the parties' two minor children. The father was ordered to pay child support in the amount of $10,000 per year and alimony in the amount of $10,000 per year. The trial court also ordered the father to maintain, at his expense, hospital and medical [...]
Court: Court of Civil Appeals of Alabama Docket: AV92000203
Wood v. Wood (1976)This appeal is from a modification of a child custody decree. In a previous divorce proceeding, the mother had been awarded the custody of the parties' five year old son. The father, subsequent to the divorce decree, petitioned the court to award him custody of the child on the ground that the mother, due to her conduct, was no longer a fit person to have custody of the child. The trial court, after hearing the evidence in support of the petition, awarded custody of the child to the father and [...]
Court: Court of Civil Appeals of Alabama Docket: Civ. 749
Scholl v. Parsons (1995)On July 16, 1992, pursuant to an agreement between the parties that was incorporated into their final divorce judgment, the trial court awarded the father primary custody of their two children and issued an income withholding order requiring the mother to pay $173 per month child support. Four months later, the father petitioned the court to issue another income withholding order to be served on the mother's new employer. In December 1992, the trial court found that the mother was $1,211 in [...]
Court: Court of Civil Appeals of Alabama Docket: AV93000658
Parrish v. Parrish (1993)The record reveals that Charles A. and Marjorie Parrish were married in 1962 and that during the marriage, the wife operated several small businesses, at least one of which was initially a joint venture with her husband. The wife was injured in an automobile accident in November 1987, from which she claims to have suffered head, eye, and brain stem injuries. In September 1990, the husband instituted involuntary commitment proceedings against the wife, and in October 1990 the wife was committed [...]
Court: Court of Civil Appeals of Alabama Docket: 2910500
O'Neal v. O'Neal (1996)James Patrick O'Neal and Elizabeth O'Neal were married on June 18, 1977. In June 1994, the wife sued for a divorce on the grounds of incompatibility. Following an ore tenus hearing, the trial court entered a judgment of divorce. The judgment granted custody of the parties' minor child to the wife and ordered the husband to pay $1,200 per month child support. The judgment also required the husband to maintain a $1,000,000 life insurance policy with the wife as beneficiary of $500,000, as long as [...]
Court: Court of Civil Appeals of Alabama Docket: 2940314
Brannon v. Brannon (1985)
After an ore tenus hearing, the trial court awarded the wife custody of the parties' minor child, as the parties had stipulated. The court ordered the husband to pay the wife $600 per month child support and $2,000 per month periodic alimony until the wife dies or remarries. It further ordered the husband to pay the wife $138,000 as alimony in gross, payable in installments of $1,150 per month over a period of 120 months.
Court: Court of Civil Appeals of Alabama Docket: Civ. 4688
Stack v. Stack (1994)
The parties, Steven J. Stack, Jr. and Rita L. Stack, were divorced by the Lee County Circuit Court in 1988. The mother was awarded custody of the parties' three minor sons, and the father was ordered to pay child support of $225 per child per month and periodic alimony of $200 per month. The husband was also ordered to maintain health insurance on the parties' children and to pay one-half of the medical and dental expenses not covered by insurance.
Court: Court of Civil Appeals of Alabama Docket: AV92000412
Williams v. Williams (1981)
Prior to the marriage the wife lived with her mother in their jointly owned home in Mountain Brook. The wife was employed by Birmingham-Southern College as a private piano teacher. She also had income from a trust fund established by her aunt. At the time of the marriage the wife had debts of approximately $6,000.
Court: Court of Civil Appeals of Alabama Docket: Civ. 2603
Lutz v. Lutz (1986)
Hartwell B. Lutz, the husband, filed for divorce. In his complaint, he asked the court to set aside the deed conveying one-half interest in the residence on Tannahill Drive to his wife, Roberta A. Lutz.
Court: Court of Civil Appeals of Alabama Docket: Civ. 5024
The District Court of Morgan County, following an ore tenus hearing, ordered the permanent termination of all parental rights of the mother, Patricia Roden Bowman, in her five-year-old daughter, Bettina Renee Roden. The parental rights of Bettina's legal and putative fathers were also terminated. Permanent legal custody was vested in the State Department of Human Resources (Department). Only the mother appeals.
Court: Court of Civil Appeals of Alabama Docket: Civ. 6291
Vainrib v. Downey (1990)
The facts material to this appeal and dispositive of the issue presented are undisputed. The parties were divorced in October 1984. The parties' final decree of divorce incorporated their agreement concerning the terms of the divorce. For purposes of this appeal, the pertinent parts of the agreement are as follows:
Court: Court of Civil Appeals of Alabama Docket: Civ. 7436
Whitsett v. BAMSI, Inc. (1994)
On April 20, 1993, Leonard Whitsett filed a complaint in the Madison County Circuit Court, seeking workers' compensation benefits. Whitsett alleged that he suffered permanent total disability as a result of almost being electrocuted on August 15, 1992, while working on high voltage electric wires at Redstone Arsenal and that his injuries arose out of and in the course of his employment with BAMSI, Inc.
Court: Court of Civil Appeals of Alabama Docket: AV93000525
Golden v. Golden (1996)Following an ore tenus proceeding, the trial court divorced the parties on June 20, 1995, ordering, among other things, that the wife have possession of the marital house and the five acres upon which it is located, until the parties' minor child reaches 21 years of age. The house and land are then to be sold, with the wife receiving 75% of the proceeds from the sale and the husband receiving 25% of the proceeds. The court ordered the husband to pay the mortgage payments on the house until it [...]
Court: Court of Civil Appeals of Alabama Docket: 2950135
Welch v. Welch (1994)Following oral proceedings, the Circuit Court of Jefferson County divorced the parties. The court awarded custody of the two minor children to the wife, subject to the husband's visitation, and ordered the husband to pay $865 per month in child support and to be responsible for all health insurance and any related deductibles on behalf of the minor children. The issue of college support for the minor children was reserved pending further hearing. The court ordered that the marital residence be [...]
Court: Court of Civil Appeals of Alabama Docket: AV93000101
Asam v. Devereaux (1996)Julia McCain Lampkin Asam appeals from a summary judgment in favor of Wanda D. Devereaux, individually and in her official capacity as the chairman of the disciplinary board of the Alabama State Bar Association. Asam's complaint contained allegations regarding the tort of outrage, violation of the Americans with Disabilities Act (ADA), and various due process and civil rights violations. Asam sought $50 million in damages. Inter alia, Asam contended that Devereaux had failed to give proper [...]
Court: Court of Civil Appeals of Alabama Docket: 2950291
Willing v. Willing (1995)
Following an ore tenus proceeding, the trial court divorced the parties, who are both medical doctors. The trial court awarded the father custody of the parties' minor child and granted visitation to the mother. It also ordered the mother to pay $500 per month in child support and divided the marital property and personal property of the parties.
Court: Court of Civil Appeals of Alabama Docket: AV93000422, AV93000464