Opinion

Varner v. Allen

  • 571 So. 2d 1106
  • 1989 Ala. Civ. App. LEXIS 197
  • 1989 WL 63447
Court
Court of Civil Appeals of Alabama
Filed
Jun 14, 1989
Status
Published
Author
Robertson
On the bench
Ingram, Russell, Robertson
Cited by
1 cases
Authority
More cited than 26.8%

The opinion

ROBERTSON, Judge,

dissenting:

I respectfully dissent.

It is my opinion that this court’s reasoning in Mays v. Sabel Steel Services, Inc., 500 So.2d 467 (Ala.Civ.App.1986), was in error and that that case should be overruled. It is my opinion that the majority’s reasoning in this case is in error. This court stated in State Health Planning & Development Agency v. AMI Brookwood Medical Center, 564 So.2d 54 (Ala.Civ.App.1989), that:

“Section 41-22-25 outlines the applicability and proper construction of the AAPA. That section provides that the rights created by the AAPA shall be in addition to rights created by any other statute. It further provides that the AAPA shall take precedence over any other statute which diminishes the rights created by the AAPA, unless that statute expressly provides otherwise.”

Section 25-4-95 mandates a ten-day appeal deadline, whereas AAPA provides for a thirty-day appeal deadline. Clearly that “statute ... diminishes the rights created by the AAPA.” AMI Brookwood Medical Center, supra.

Therefore, I respectfully dissent.

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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