# State Personnel Bd. v. Brashears

> Court of Civil Appeals of Alabama · April 21, 1995 · 659 So. 2d 617

URL: https://www.frixlaw.com/law-library/cases/1893497

## Case

- **Full name:** State Personnel Board v. Robert Brashears
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 21, 1995
- **Citations:** 659 So. 2d 617; 1994 WL 263830
- **Precedential status:** Published
- **Opinion:** Opinion by Robertson
- **Judges:** Robertson
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1893497

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1893497. Public record. Not legal advice.