- Unemployment numbers and the âœGeography of Recessionâ
Posted November 18, 2009, 9:07 am by Matt Dunaway
Worried about unemployment? Wondering how much unemployment has increased in the last 3 years? Has it effected you? Bill Nolan of Nolan Elder Law sent me the link to this interesting multimedia view of the rising unemployment rate...very interesting. Thanks, Bill! With unemployment rising, and likely will continue to rise, many people continue to face difficult [...] Related posts: Alabama Foreclosures and Mortgage Delinquencies Still Rising Foreclosures and Mortgage Delinquencies continue to...
- Lawyer from Dothan, Alabama, Charged with Child Porn in Houston County
Posted November 18, 2009, 8:43 am
It's a shame when a representative of the court is charged with a crime. Of course, any person accused of a criminal act, such as child pornography or criminal sexual behavior, is always considered innocent until proven guilty. However, to have the charges brought forth in the first place can truly be an embarrassment to the individual and their profession. As a Birmingham criminal defense lawyer, I can empathize with this defendant and only hope that justice will be served quickly and with an...
- Birmingham Personal Injury News: FDA Reluctant to Discipline Doctors Found Guilty of Criminal Activities
Posted November 18, 2009, 8:25 am
It's a sad commentary that some physicians are more concerned about personal gain than about people. As an Alabama personal injury lawyer, I've seen the victims of medical malpractice up close and I'm appalled by the seemingly lack of compassion on the part of many doctors whose actions result in the injury or death of a patient. Anyone who has suffered from medical mistakes, improper surgerical procedures, or other physician-related errors should contact an experienced personal injury attorney...
- Premature Notice of Appeal Held in Abeyance Until Ripe; Date of Order Is Date It Is Entered on SJIS
Posted November 17, 2009, 7:42 am
Two common procedural issues - what happens when a notice of appeal is filed prematurely and what is the effective date of an order - were addressed in Landry v. Landry, [Ms. 2080171, 2080372] (Ala. Civ. App. Nov. 6, 2009). In Landry, the trial court disposed of an action involving a petition to modify child support on Sept. 23, 2008. The father filed a motion for relief from judgment on Sept. 29, arguing that the trial court improperly closed the action after it got confused with a related...
- Rule 60(b) Used to Review a Costs Award
Posted November 17, 2009, 7:11 am
In Fenison v. Birmingham Spring Service, Inc., [Ms. 2080023, 2080036] (Ala. Civ. App. Nov. 6, 2009), the Court of Civil Appeals held that a costs award could be challenged in the trial court by way of a Rule 60(b) motion, but ultimately held that the trial court exceeded its discretion by granting relief. The trial court granted summary judgment for the defendants in a case involving the alleged failure to abide by a consent agreement in a workers' compensation case. Even though Ala. R. Civ. P....
- Securitization In Chapter 13 Bankruptcy Context - Excellent Article By Max Gardner
Posted November 17, 2009, 6:41 am by John Watts & M. Stan Herring
Max Garnder, III, has an excellent article on some of the abuses that servicers inflict upon consumers who are in a Chapter 13 bankruptcy that we suggest you carefully read. This is an entertaining and informative article by Max and you can get a taste of it from the first paragraph: Wayne Gretzky once said that his success was due to the fact that he focused on where the puck was going to be, not where it was. For most consumer debtors who have home mortgage loans and are involved in Chapter...
- Cases Released November 13, 2009
Posted November 16, 2009, 7:50 am
From the Alabama Court of Civil Appeals: Y.N. v. Jefferson County Department of Human Resources Ex parte Hamilton; Petition for Writ of Mandamus (In re: Hamilton v. State Department of Postsecondary Education) Complete List of Cases from the Alabama Court of Civil Appeals From the Alabama Supreme Court: Smallwood, et al. v. Holiday Development, LLC Barber v. Cornerstone Community Outreach, Inc. Holcim (US), Inc. v. The Ohio Casualty Insurance Company Ex parte State of Alabama; Petition for Writ...
- Consolidated Actions Maintain Separate Identities For Determining Finality of Judgment and Time to Appeal
Posted November 16, 2009, 7:38 am
In RJG v. SSW, [Ms. 2080509] (Ala. Civ. App. Aug. 21, 2009), the Court of Civil Appeals dismissed a portion of a father's appeal in a parental rights action as untimely. On November 6, 2009, the Court of Civil Appeals issued a new opinion of rehearing again dismissing the appeal, explaining that the appeal was not made timely by the fact that the underlying case was part of an action that had been consolidated. RJG v. SSW, [Ms. 2080509] (Ala. Civ. App. Nov. 6, 2009). The Court of Civil Appeals...
- Order Which States Only That Marital Property Must Be Divided Equitably Is Not a Final Judgment For Purpose of Appeal
Posted November 16, 2009, 7:31 am
The Court Civil Appeals dismissed the appeal in Sims v. Sims, [Ms. 2070697] (Ala. Civ. App. Nov. 6, 2009), for lack of jurisdiction because it was an appeal of a non-final judgment. The trial court's order stated that the marital property must be divided equitably, but did not actually divide the property. The Court of Civil Appeals held that the order was not final until the marital property was actually divided and, therefore, the appeal was dismissed becuase there was no final judgment.
- Mortgage Securitization - What Is It?
Posted November 16, 2009, 2:08 am by John Watts & M. Stan Herring
One issue that comes up in almost all Alabama foreclosures is whether the loan (the note) has been held by the original bank or mortgage company or instead if it has entered the somewhat mysterious world of mortgage back securitization? We begin a series on this issue today and will add original posts and also newsworthy items to this "category" on our blog. So, what in the world is "securitization" and what does it mean to me? In this post we will start to answer the first part of this...
- Sick Women Six Times More Likely To Divorce
Posted November 15, 2009, 7:07 am by Lee Borden
A married woman diagnosed with a life-threatening illness is six times more likely to divorce than a man in the same position. How's that for a headline? Here's the article from MSNBC. The overall divorce rate of people receiving diagnoses of life-threatening illness (in this case cancer and multiple sclerosis) was about in line with the national [...]
- Common Example Of Fraud Related To Foreclosures And Loan Modifications
Posted November 15, 2009, 6:04 am by John Watts & M. Stan Herring
We wanted to give Alabama consumers who are facing foreclosure some examples of typical fraud in the context of foreclosures and loan modifications. We'll start with loan modifications. A loan modification is typically defined as a permanent change to your note - normally the interest rate, length of the loan, the movement of arrearage (missed payments) to the end of the loan, etc. Normally the mortgage servicers will talk with you about a loan modification once you start falling behind on your...
- Recalls of the Week
Posted November 13, 2009, 9:10 am by Craig P. Niedenthal
Time boys and girls for the update on Recalls of the Week. These are some of the most significant recalls which have occurred over the past week. You are welcome to contact me by calling or using the "contact" form here if you have any thoughts or questions on any of these recalls. 1. Maclaren Strollers: This is the big one for the week and the one that has been all over the news. Approximately one million strollers distributed in the U.S. by Maclaren are being recalled because the stroller's...
- Alabama Divorce Update: Important Legal Definitions for Divorce and Legal Separation -- Part 1
Posted November 13, 2009, 8:51 am
Going through a divorce can be a stressful time for most people. When a marital relationship fails, all parties, not just the husband and wife are affected; dependant children, relatives and friends all feel the pain of separation and ultimately legal divorce. As a Birmingham, Alabama, divorce lawyer and family law attorney, my job is two-fold: First, to provide my client with a strong and well-planned approach to the legal aspects of the separation, and second, to offer compassionate and...
- A Divorce Lawyer Contemplates the Divorce Fair
Posted November 13, 2009, 4:35 am by Lee Borden
I've spent a lot of time around divorce and people going through it. But I have to admit this is a new one even for me. Thousands of Parisians took part in a "Divorce Fair" last Sunday. If you're wondering what goes on at a divorce fair, you can read the AP article about it and [...]
- Story About Unfair Video Surveillance by Insurance Company
Posted November 13, 2009, 1:01 am by Moore & Wolfe
Follow the link below for an interesting story on Hartford Insurance Company's unfair use of video surveillance to deny benefits. Surprize, surprize. [abcnews.go.com]
- Alabama Drunk Driving and Traffic Enforcement Campaigns More Effective Year-to-Year
Posted November 12, 2009, 8:02 am by Steven D. Eversole
As a drunk driving defense attorney located in the Birmingham, Alabama, area I have much experience with DUI arrests, as well as understanding the impact of a drunk driving conviction on people's lives. So it was with much relief that I read about a reduction in DUI arrests over the last Labor Day holiday versus the year before. As a fellow motorist, I am pleased to know that rates of drunken driving have dropped, but as a DUI defense lawyer I do not see this as an end to unjustified drunk...
- Preventing Car and Truck Accidents on Alabama's Highways by Knowing the Rules of the Road
Posted November 12, 2009, 6:49 am by Martinson & Beason
As Alabama car and truck accident attorneys we too often see the destruction an automobile accident has on the victims and their families. Many Alabama car and truck accidents can be avoided if drivers would simply follow the Rules of the Road. The average Alabama driver obtains their driver's license at age 16 by passing a written test and road test administered by the Alabama Department of Public Safety. Ironically, as teenagers were required to know these Rules of the Road to obtain our...
- Alabama Sex Crime News: Teenager Faces Child Pornography Charges for Distributing "Sexting" Images
Posted November 11, 2009, 3:30 pm
Everyday we see instances where the law doesn't reflect the capabilities and extent of technology. This appears to be the case in Alabama and other states with frequent instances of young people, teenagers and preteens, being accused of criminal sexual behavior. As a criminal defense lawyer in the Birmingham area, I have defended numerous clients who have been accused of crimes such as drug possession, theft, sexual abuse, and pornography, just to name a few. The newest use for smart phones...
- Action to Enforce Divorce Judgment Required New Filing Fee to Vest Jurisdiction
Posted November 10, 2009, 2:17 pm
Six years after the parties were divorced, the wife filed a motion to amend a provision in the divorce judgment that awarded her a part of the husband's retirement benefits. The Court of Civil Appeals deemed this an independent action to enforce the divorce judgment, which should have been accompanied by the appropriate filing fee. Because the wife did not pay that fee, the circuit court never obtained jurisdiction over her action, and the orders it had entered in the case were void. The Court...