A portion of the prior judgment of this court has been reversed, and the cause has been remanded by the Supreme Court of Alabama. Ex parte Vulcan Lands, Inc., [Ms. 1070399,... ... ... September 26, 2008] ___ So. 2d ___ (Ala. 2008). On remand to this court and in compliance with the supreme court's opinion, we reverse the trial court's order denying Vulcan Lands' summary-judgment motion on the reliance-hardship defense and remand the cause to the trial court for further proceedings consistent...  

The plaintiff, Harold W. Darby III, appeals from a summary judgment entered in favor of the defendant, Tom Schley, in an unlawful-detainer action in the Shelby Circuit Court. Because the judgment appealed from is void, we vacate... ... ... the judgment and dismiss the appeal... On August 29, 2006, Darby brought this unlawful-detainer action against Schley in the Shelby District Court, seeking to recover possession of a house and a tract of land in Shelby County ("the property") and...  

Nora Evans appeals from a summary judgment in favor of First National Bank of Jasper ("the Bank") in an action on a promissory note and security agreement. We reverse and remand... ... ... On April 25, 1997, Evans purchased a vehicle from Carl Cannon Chevrolet Oldsmobile, Inc. ("Cannon"), pursuant to a retail installment contract and security agreement ("the contract"). That same day, Cannon assigned the contract to the Bank. On January 17, 2002, the Bank sued Evans,...  

Randall Stewart and Larry Morgan appeal separately from a judgment entered on a jury's verdict in favor of James Bradley and Mary Bradley. We reverse and remand for a new trial... Procedural History... On May 6, 2003, James Bradley and Mary Bradley sued Randall Stewart and Larry Morgan seeking damages arising from the alleged negligent construction of their house. In their complaint, the Bradleys asserted claims of negligent failure to warn, negligent installation and construction, negligent...  

This is the second time Janet McKowen Smith ("the wife") and Danny Smith ("the husband") have been before us. In Smith v. Smith, 959 So. 2d 1146 (Ala. Civ. App. 2006) ("Smith I"), the wife appealed from the parties' divorce judgment, arguing,... ... ... among other things, that the trial court had erred in failing to award her a portion of a settlement payment ("the settlement payment") the husband was to receive as a result of injuries he had sustained in an...  

Gentiva Health Services, Inc. ("Gentiva"), seeks a writ of mandamus compelling the trial court to vacate its discovery order requiring Gentiva to produce the resignation letter of Tracy Chaviers, Gentiva's codefendant. Gentiva argues that... ... ... this letter is protected from discovery by § 6-5-551, Ala. Code 1975, a part of the Alabama Medical Liability Act of 1987, § 6-5-540 et seq., Ala. Code 1975. Jerry Savage, the plaintiff in the underlying action, argues that Gentiva...  

Steven Greene, Mark Persall, Larry Owen, Charles Horton, James Phillips, and Cassie Bell, on behalf of themselves and all others similarly situated, appeal from a summary judgment in favor of the Jefferson County Commission and the General Retirement System for Employees of Jefferson County. We... ... ... affirm... Facts and Procedural History... The General Retirement System for Employees of Jefferson County ("the retirement system") was created in 1965 by the enactment of Act No. 497,...  

The appellants in this action ("the former employees") are several hundred former employees of Arvin Industries d/b/a Arvin-Meritor, Inc. ("Arvin"). The former employees sued Arvin and several of their co-employees, alleging that they... ... ... had suffered injuries as a result of exposure to toxic chemicals while employed by Arvin. Through an amended complaint, the former employees added 64 other named defendants ("the new defendants"), who they alleged manufactured or...  

An unemancipated minor filed a petition in an Alabama juvenile court pursuant to § 26-21-1 et seq., Ala. Code 1975, seeking a judicial waiver of parental consent for an abortion. The juvenile court appointed a guardian ad litem to represent the minor. Following a hearing, at which only the minor testified, the juvenile court signed a preprinted Form JU-28 judgment stating that the juvenile court found that the minor... ... ... was not mature and well informed enough to make the abortion...  

Austin L. Humber, Jr. ("the former husband"), and Melissa Kay Humber Bjornson ("the former wife") were divorced on March 21, 2003, by a judgment of the Walker Circuit Court (hereinafter "the trial court"). The parties' divorce... ... ... judgment incorporated an agreement, a copy of which is contained in the record on appeal, that provided, in pertinent part, as follows:... "That the [former wife] shall be the sole owner, free and clear from any claim of the [former...  

The Alabama Department of Revenue ("the Department") appeals from a judgment of the Houston Circuit Court holding that The National Peanut Festival Association, Inc. ("the taxpayer"), was entitled to a refund of taxes and interest paid to satisfy a final assessment entered on July 31, 2006... ... ... Background... The taxpayer is a nonprofit corporation whose objective, according to its bylaws, is to promote interest in peanuts and peanut farming. Pursuant to that objective, and...  

This appeal arises from the contest of the will of Hazel Cole Francis by her next of kin, John Lollar and Jeanie Lollar (sometimes hereinafter collectively referred to as the "Lollars"). Leo L. Williams ("Leo") was the proponent of the... ... ... will and sought to have the will probated in the Jefferson County Probate Court ("the probate court"). During the pendency of the probate proceedings, Leo died intestate, and his son, Barry L. Williams ("Williams"), was...  

L.A.C. ("the mother") and T.S.C. ("the father") were married on December 5, 1998. Two children were born of the parties' marriage; the children had not yet reached the age of majority at the time of the final hearing in this matter. On... ... ... August 23, 2007, the mother filed a complaint in the St. Clair Circuit Court ("the circuit court") seeking, among other things, a divorce from the father and custody of the parties' minor children. The father answered on...  

In February 2006, John McCall ("the employee"), who had been charged in August 2005 with having committed the crimes of sodomy in the first degree and sexual abuse in the first degree, was dismissed from his employment with the Alabama... ... ... Department of Corrections ("DOC"), a state agency. After the employee had sought review by the Alabama State Personnel Board ("the Board") of his dismissal, he agreed to enter a plea of guilty to a lesser charge of harassing...  

The City of Dothan ("the City") appeals from a judgment of the Houston Circuit Court that reversed a decision of the City of Dothan Personnel Board ("the Board") upholding the termination of Earl R. McCleskey as a municipal employee... ... ... It is undisputed that the Civil Service Act of Dothan, Act No. 92-442, Ala. Acts 1992 (hereinafter "the Civil Service Act"), governs the procedures for the termination of employees within the City's classified-service system. It is...  

J.B. ("the father") appeals from a judgment of the DeKalb Juvenile Court ("the juvenile court") terminating his parental... ... ... rights to his two natural children to allow for their adoption by J.N. and M.N. We reverse and remand... Facts1... In July 2001, the DeKalb County Department of Human Resources ("DHR) opened a protective-services case regarding A.B. and Ju.B.,2 the children born of the marriage between the father and T.B. ("the mother"). DHR received...  

Clifton Dabbs, his wife, Joan Dabbs, and their son, Shane Dabbs (sometimes hereinafter referred to collectively as "the Dabbses") contracted with Terry Graves to construct a building on their property for use as a costume store. The parties... ... ... later experienced disagreements regarding the construction of the building, which resulted in the filing of a number of claims by the Dabbses, Graves, and certain other third parties. The Dabbses appeal from the Lauderdale Circuit Court's...  

M.P. ("the father") and C.P. ("the mother") are the married parents of A.D.P and A.N.P. The parents separated sometime in 2005. In 2006, the mother had the children with her in Tennessee; in October 2006 the father took the children... ... ... from school and returned to Arkansas with them. The father later moved to Sylacauga, Alabama, with the children. The mother attempted to retrieve the children, and the father filed petitions for their custody in the Talladega Juvenile...  

D.L.L. II ("the father") appeals from the judgment of the Baldwin Juvenile Court denying his motion for relief from judgment filed pursuant to Rule 60(b)(4), Ala. R. Civ. P. This is the second time that this case has come before this... ... ... court. See D.L.L. II v. B.J., [Ms. 2061156, April 18, 2008] ___ So. 2d ___ (Ala. Civ. App. 2008) ("D.L.L. I"). In D.L.L. I, this court dismissed the father's untimely appeal of a judgment awarding custody of his minor child to the child's...  

Case History... The genesis of this case is a motor-vehicle accident that occurred on county road 88 in Lauderdale County. On January 11, 2003, Patricia J. Holt and Cori Nicole Howard, Holt's granddaughter, were traveling to Lexington Elementary School... ... ... in a vehicle that Holt was driving. To get to the school they had to travel across a narrow bridge over a creek bed. Before arriving at the bridge, Holt's vehicle crested a hill, entered an "S" curve, which turned to the left...