# Clayton v. BOARD OF SCHOOL COM'RS

> Court of Civil Appeals of Alabama · June 8, 1988 · 552 So. 2d 145

URL: https://www.frixlaw.com/law-library/cases/9936092

## Case

- **Full name:** Linda Clayton and Betty Johnson v. Board of School Commissioners of Mobile County Tobie F. Day v. Southwest State Technical College
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** June 8, 1988
- **Citations:** 552 So. 2d 145
- **Precedential status:** Published
- **Opinion:** Addendum by Ingram
- **Judges:** Holmes, Ingram
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Ex Parte Clayton, 1989 Ala. LEXIS 290 (1989).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9936092

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936092. Public record. Not legal advice.