# State Home Builders Licensure Board v. Bradford

> Supreme Court of Alabama · December 15, 2000 · 795 So. 2d 652

URL: https://www.frixlaw.com/law-library/cases/7744266

## Case

- **Full name:** Ex parte Donna S. BRADFORD. (In re State of Alabama Home Builders Licensure Board and its Recovery Fund v. Donna S. Bradford)
- **Court:** Supreme Court of Alabama
- **Decided:** December 15, 2000
- **Citations:** 795 So. 2d 652; 2000 Ala. LEXIS 581
- **Precedential status:** Published
- **Opinion:** Dissent by Houston
- **Judges:** Brown, Cook, England, Hooper, Houston, Johnstone, Lyons, Maddox, See
- **Cited by:** 1 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/7744266

## Opinion text

HOUSTON, Justice
(dissenting).
I dissent.
“When a complaint is filed which may result in liability for the recovery fund, the complainant shall notify the board in uniting, by certified mail, when the action is commenced.” Ala.Code 1975, § 34-14A-15 (fourth paragraph). (Emphasis added.)
“[S]hall” means shall. I adopt the Court of Civil Appeals’ well-reasoned opinion as my dissent. The Legislature created the Recovery Fund, Ala.Code 1975, § 34-14A-15. Without such legislation, the plaintiff would have no right to recover any sum from the State of Alabama Home Builders Licensure Board and its Recovery Fund. The Legislature also specified what a potential . claimant must do, as a condition precedent, to recover from the Recovery Fund. The plaintiff did not do what she was required to do to recover. The Court of Civil Appeals correctly decided this case. The majority opinion is rewriting legislation because some Justices do not interpret “shall” to mean “shall.” See Roe v. Wade, 410 U.S. 113 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973). Let the Legislature be the Legislature.
BROWN, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7744266. Public record. Not legal advice.