Retail sale using heavily discounted prices to quickly sell off closed-out goods.
Supreme Court of Alabama Court Cases
Plaintiffs Joe West and Elender Sanders, as administratrix of the estate of Susan P. West, appeal from a summary judgment entered in favor of the defendants, Founders Life Assurance Company of Florida ("Founders Life") and its agent, James H. Hudson. This case involves an alleged breach of a contract of insurance occurring when Founders Life tendered the proceeds of the policy to Mary Emma West.
Court: Supreme Court of Alabama Docket: 88-275
The central question presented by this appeal is whether summary judgment was appropriate. In determining that question, we must apply the "substantial evidence" rule. Ala.Code 1975 § 12-21-12.
Court: Supreme Court of Alabama Docket: 87-706
This is an appeal from summary judgment entered in favor of Balfour Guthrie, Inc. ("Balfour"), against Gerald Hanners d/b/a Newton Peanut Company ("Hanners") on Hanners's fraud claim with regard to the payment terms of two contracts entered into between Balfour and Hanners. We reverse and remand.
Court: Supreme Court of Alabama Docket: 88-1152
Bussey v. John Deere Co. (1988)
Gerald Bussey, a John Deere agricultural equipment dealer in Talladega, sued the John Deere Company for breach of a sales contract and breach of their dealership contract. A judgment based upon a jury verdict awarded Bussey $28,000 on his claim for breach of the sales contract; summary judgment was entered in favor of John Deere on the claim for breach of the dealership contract.
Court: Supreme Court of Alabama Docket: 87-19, 87-20 and 87-127
Ex Parte McLendon (1984)This is a child custody case. The child was born in 1977. The parents of the child were divorced in 1980. By agreement of the parties, which was made a part of the divorce decree, custody was awarded to the paternal grandparents, who had already been caring for the child. In 1982, the mother picked up the child for visitation and took her to California, the mother's new home, without advising the grandparents. The grandmother, after obtaining a California court order, regained custody of the [...]
Court: Supreme Court of Alabama Docket: 83-595
"1. Can defendant Jan Lewis be held liable under the provisions of § 8-27-3, Code of Alabama 1975, or common law, for continued uses or disclosures of a trade secret, after notice of alleged appropriation, if Jan Lewis first disclosed or used the trade secret of plaintiff(s), which allegedly had been misappropriated by a third person from whom Lewis learned the trade secret, before Lewis knew or should have known that the information used or disclosed was a trade secret and that it had been [...]
Court: Supreme Court of Alabama Docket: 1910064-CER
Ex Parte Branch (1987)This petition for certiorari presents a case of first impression involving the State's use of its peremptory challenges to strike 6 of 7 blacks from the jury venire. The specific question presented is whether the State's explanations of the reasons for its exercise of the challenges were racially "neutral." In determining this question, we must review, in detail, the holding of the Supreme Court of the United States in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and [...]
Court: Supreme Court of Alabama Docket: 86-500
David J. Middlebrooks and Brent L. Crumpton of Lehr, Middlebrooks & Proctor, P.C., Birmingham, for Amici Curiae Southeast Alabama Medical Center, Rust International, and O'Neal Steel, Inc., in support of petitioner.
Court: Supreme Court of Alabama Docket: 1950142
Hammond v. City of Gadsden (1986)
Prior to 1980, employees of the City of Gadsden were insured for hospitalization, major medical, short-term disability, and life insurance coverage through General American Life Insurance Company. The plan provided conversion privileges for employees to continue participation in the program after retirement. The plan also provided conversion privileges for the retiree's spouse upon the death of the retiree, if the surviving spouse was covered by the plan at the time of the death.
Court: Supreme Court of Alabama Docket: 84-1046, 84-1133
Ex Parte Kuenzel (1991)This is a death penalty case. William Ernest Kuenzel, a/k/a Billy Kuenzel, was convicted of capital murder during a robbery in the first degree, § 13A-5-40(a)(2), Ala.Code 1975. The victim, Linda Jean Offord, was the cashier at Joe Bob's Crystal and Convenience Store (a gasoline station-store) located in Sylacauga, Talladega County, at the "Forks," the intersection of Highway 511 and Highway 231. She died as a result of a shotgun blast to her chest on the night of November 9, 1987. The [...]
Court: Supreme Court of Alabama Docket: 89-1805
Ex Parte Bankhead (1991)
Grady Archie Bankhead was convicted of the capital offense of murder during a robbery in the first degree. § 13A-5-40(a)(2), Code of Alabama 1975. He was given a bifurcated trial in accordance with § 13A-5-43. After the punishment phase of the trial, the jury returned its advisory verdict recommending death, with 11 votes "for death" and 1 vote "for life without the possibility of parole."
Court: Supreme Court of Alabama Docket: 89-1179
The defendant, United Service Stations, Inc. ("United Service"), petitioned this Court for a writ of mandamus directing Judge Eugene W. Reese, of the Montgomery Circuit Court, to grant its motion to compel discovery of plaintiff Loan Nham's psychological records and to allow the deposition of her former psychologist. For the reasons discussed below, the writ is denied.
Court: Supreme Court of Alabama Docket: 1921175
Nunn v. Baker (1987)When this election contest was originally submitted to us, we followed our usual procedures for determining whether we had jurisdiction over the matter, and, discovering no jurisdictional bar to our consideration of the case, proceeded to render a decision on the merits. In their application for rehearing, the defendants-appellees now raise for the first time the question of whether this Court had jurisdiction. They submit that we had no jurisdiction over the case, and they argue that our [...]
Court: Supreme Court of Alabama Docket: 86-93
Nedra Andrews sued her former employer, Merritt Oil Company, Inc. ("Merritt Oil"), alleging wrongful termination. Merritt Oil filed a motion for summary judgment, to which Andrews did not respond. The trial court entered a summary judgment for Merritt Oil, and Andrews appeals.
Court: Supreme Court of Alabama Docket: 1911270
Green Oil Co. v. Hornsby (1989)On April 17, 1986, Green Oil Company filed a two-count complaint against Dean Hornsby and Sheila Hornsby, d/b/a Hornsby's Grocery, for the recovery of certain personal property, including gasoline pumps and an underground tank, and on an open account for gasoline delivered and not paid for. The Hornsbys denied the debt on open account but admitted that the personal property belonged to Green Oil Company, and they filed a counterclaim alleging breach of contract and fraud. Green Oil Company [...]
Court: Supreme Court of Alabama Docket: 86-1553
Ex Parte Beasley (1990)We granted certiorari in this case to determine whether the Court of Civil Appeals erred in holding that the 1984 Child Protection Act, Ala.Code 1975, §§ 26-18-1 to 26-18-10, requires a juvenile court to make a "finding of dependency" before parental rights can be terminated. The trial court determined that a finding of dependency was not required; the Court of Civil Appeals, citing Ex parte Brooks, 513 So.2d 614 (Ala.1987), reversed. Because we hold that, when one parent seeks to terminate [...]
Court: Supreme Court of Alabama Docket: 88-1373
Carrie J. Smith, individually and as executrix of the estate of Harry W. Smith, Jr., deceased, filed this action against Mutual Benefit Life Insurance Company, Equifax Services, Inc., and Lillian Puckett, an employee of Equifax. Her claims arose from an insurance transaction between Mr. Smith and Mutual Benefit. Equifax and Puckett filed a motion to dismiss, which the trial court considered as a motion for summary judgment and granted. The action is still pending against Mutual Benefit. The [...]
Court: Supreme Court of Alabama Docket: 87-895
Ex Parte Cranman (2000)
Michael A. Florie and Joseph S. Miller of Starnes & Atchison, L.L.P., Birmingham, for respondents Dr. David Maxwell, Dr. Patricia A. Hubbs, Dr. John Galaznik, and Dr. Joe Bethany (brief on 2d application for rehearing filed by W. Stancil Starnes, Michael A. Florie, and J. Will Axon, Jr., of Starnes & Atchison, L.L.P., Birmingham).
Court: Supreme Court of Alabama Docket: 1971903
Foremost Ins. Co. v. Parham (1997)
Jere L. Beasley, Frank M. Wilson, and P. Leigh O'Dell of Beasley, Wilson, Allen, Main & Crow, Montgomery; and Lynn W. Jinks III of Jinks, Smithart, Jackson & Daniels, Union Springs, for appellees.
Court: Supreme Court of Alabama Docket: 1950507, 1951238
Ex Parte Cumbo (1979)
TORBERT, C. J., and JONES, SHORES and BEATTY, JJ., concur.
Court: Supreme Court of Alabama Docket: 78-263