Opinion

Clayton v. BOARD OF SCHOOL COM'RS

  • 552 So. 2d 145
Court
Court of Civil Appeals of Alabama
Filed
Jun 8, 1988
Status
Published
Author
Ingram
On the bench
Holmes, Ingram
Cited by
7 cases
Authority
More cited than 15.1%

Reversed on other grounds by Ex Parte Clayton, 1989 Ala. LEXIS 290 (1989)

The opinion

ON APPLICATION FOR REHEARING

In our original opinion, we construed § 36-26-101 , Ala. Code 1975, as meaning three consecutive years. As concerns the retroactivity of this statute, we now extend that opinion to make clear that the Fair Dismissal Act (act) is not to be applied retroactively.

A review of the act shows no express provision, nor does it show a clear legislative intent, that it should be applied retroactively. Therefore, in view of clear Alabama law, we cannot hold that the act should be applied retroactively. See Kittrell v. Benjamin , 396 So.2d 93 (Ala. 1981).

OPINION EXTENDED; APPLICATION FOR REHEARING OVERRULED.

BRADLEY, P.J., and HOLMES, J., concur.

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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