Opinion

State Personnel Bd. v. Brashears

  • 659 So. 2d 617
  • 1994 WL 263830
Court
Court of Civil Appeals of Alabama
Filed
Apr 21, 1995
Status
Published
Author
Robertson
On the bench
Robertson
Cited by
3 cases
Authority
More cited than 56.2%

The opinion

This case originated pursuant to the Alabama Administrative Procedure Act, § 41-22-1 et seq., Ala. Code 1975.

This is the second time this case has been before this court. See Alabama State Personnel Bd. v. Brashears , 575 So.2d 1149

(Ala.Civ.App. 1991). In our opinion dated January 31, 1991, we remanded the case to the trial court for further proceedings. Following those proceedings, the trial court entered a judgment against the Board and in favor of Robert Brashears and the other State merit system employees involved in this litigation.

The Board appeals again, raising three issues: (1) whether the trial court had jurisdiction to enter its second judgment; (2) whether the trial court erred in failing to address the constitutionality of § 40-2-24 , *Page 618

Ala. Code 1975; and (3) whether the trial court applied the proper standard of review.

The judgment of the trial court is now affirmed on the authority of (1) § 41-22-20 (i) and (k), Ala. Code 1975; (2) § 6-6-227 , Ala. Code 1975, Town of Dauphin Island v. Point Properties, Inc. , 620 So.2d 602 (Ala. 1993), and Cole v. Sylacauga Hosp. Bd. , 269 Ala. 405 , 113 So.2d 200 (1959); and (3) § 41-22-20 (k), Ala. Code 1975, State Personnel Dep't v. Mays , 624 So.2d 194 (Ala.Civ.App. 1993), and Gunter v. Beasley , 414 So.2d 41 (Ala. 1982).

AFFIRMED.

YATES, J., concurs.

THIGPEN, J., concurs in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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