Opinion

Ex Parte City of Bessemer

  • 426 So. 2d 835
  • 1982 Ala. Civ. App. LEXIS 1185
Court
Court of Civil Appeals of Alabama
Filed
Apr 28, 1982
Status
Published
Author
Bradley
On the bench
Bradley, Holmes, Wright
Cited by
2 cases
Authority
More cited than 26.0%

The opinion

On Rehearing

BRADLEY, Judge.

On rehearing Rhea argues that the case of McPherson v. Mims, 385 So.2d 44 (Ala.1980) requires that the circuit court judgment be affirmed. In McPherson a police officer filed a written letter of resignation to be effective prospectively. In accepting the resignation the city stated that it would be effective prospectively.

The supreme court stated that the case was governed by City of Dothan v. Lucas, 47 Ala.App. 336 , 254 So.2d 341 (1971) and State ex rel. Almon v. Fowler, 160 Ala. 186 , 48 So. 985 (1909). The court found that the police officer could withdraw his resignation even after it had been accepted by the city. This was based on the fact that the city recognized that the resignation would not be effective until a prospective date. The court found that the resignation was not accepted unconditionally.

Clearly under Lucas, supra, and Almon, supra, as relied on in McPherson, supra, a prospective resignation cannot be withdrawn once it is accepted unconditionally. In the present case it is undisputed that Rhea’s resignation was to be effective prospectively. However, it was accepted unconditionally at the time it was tendered. We conclude, therefore, that Rhea’s resignation could not be withdrawn.

Opinion extended.

APPLICATION FOR REHEARING OVERRULED.

WRIGHT, P.J., concurs.

HOLMES, J., dissents.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.