Case law

Personnel Bd. of Jefferson County v. Bailey

475 So. 2d 863 · Court of Civil Appeals of Alabama · May 22, 1985

Moreover, we consider City of Bessemer v. Personnel Board , 420 So.2d 6 (Ala. 1982), and City of Birmingham v. … See e.g., Howle v. Alabama State Milk Control Board , 265 Ala. 189 , 90 So.2d 752 (1956).

Owen v. Tennessee Valley Printing Co.

168 So. 3d 1221 · Court of Civil Appeals of Alabama · Aug 8, 2014

Brown, 504 So.2d at 248 . … Based on the foregoing, we conclude that the present case is distinguishable from Brown. We next consider Jenkins v. Gadsden Times Publishing Corp., 521 So.2d 957 (Ala.1988).

Burks v. Zeanah

54 Ala. App. 55 · Court of Civil Appeals of Alabama · Dec 11, 1974

Sweeney v. Tritsch, 151 Ala. 242 , 44 So. 184 ; Griffin v. … Colquett v. Williams, 269 Ala. 383 , 113 So.2d 347 ; Capps v. Norden, 261 Ala. 676 , 75 So.2d 915 ; Robinson Co. v. Beck, 261 Ala. 531 , 74 So.2d 915 .

Averyt v. Doyle

456 So. 2d 1096 · Court of Civil Appeals of Alabama · Aug 29, 1984

Such hearings on appeal are de novo, and the Board may rescind, modify, alter or affirm the penalty imposed by the City. Rule 14.7 of the Personnel Board of Mobile County; City of Mobile v. … Furthermore, in Bush v.

Vest v. Vest

978 So. 2d 759 · Court of Civil Appeals of Alabama · Dec 1, 2006

Glasscock, 882 So.2d 280, 282 (Ala.2003), quoting in turn Bell v. T.R. Miller Mill Co., 768 So.2d 953, 956 (Ala.2000).)” State Farm Mut. Auto. Ins. Co. v. Brown, 894 So.2d 643, 647 (Ala.2004). … of Covington County v.

Payne v. Department of Industrial Relations

423 So. 2d 231 · Court of Civil Appeals of Alabama · Aug 25, 1982

See Rogers v. Smith , 287 Ala. 118 , 248 So.2d 713 (1971); Farrell v. Farrell , 243 Ala. 389 , 10 So.2d 153 (1942); Louisville N.R. Co. v. Tally , 203 Ala. 370 , 83 So. 114 (1919). … City of Huntsville v. Miller, supra.

Ala. Farm Bur. Mut. Cas. Ins. v. Bd. of Adjust.

470 So. 2d 1234 · Court of Civil Appeals of Alabama · Jan 16, 1985

Alford v. City of Gadsden , 349 So.2d 1132 (Ala. 1977); Board of School Commissioners of Mobile County v. Hudgens , 274 Ala. 647 , 151 So.2d 247 (1963). … Board of Zoning Adjustment v. Warren , 366 So.2d 1125 (Ala. 1979).

Hilbish v. Hilbish

415 So. 2d 1114 · Court of Civil Appeals of Alabama · Jun 2, 1982

Brown v. Kingsberry Mortgage Co., 349 So.2d 564 (Ala.1977); Graham v. University Credit Union, 411 So.2d 144, 148 (Ala.Civ.App.1982) Marsh v. Marsh, supra. … Brown v. Kingsberry Mortgage Co., supra; Marsh v. Marsh, supra. In Brown , it was stated, “Errors found in the testimony are reviewable by appeal, not by a Rule 60(b) motion (or Bill of Review).” Brown, supra at 568 .

Smith v. City of Mobile

203 So. 3d 885 · Court of Civil Appeals of Alabama · Jan 8, 2016

Id. at 551 (citing Board of Sch. Comm’rs of Mobile Cnty. v. Thomas, 130 So.3d 199, 204 (Ala.Civ.App.2013); Alves v. Board of Educ. for Guntersville, 922 So.2d 129, 134 (Ala.Civ.App.2005)). … Smith is correct that in Mobile County Personnel Board v.

STATE TENURE COM'N v. Jackson

881 So. 2d 445 · Court of Civil Appeals of Alabama · Jan 31, 2003

As we noted in State Tenure Commission v. … The charges specified in the school board's notice were sufficiently detailed to provide an adequate opportunity for Jackson to prepare a defense to those charges, see Sanders v.

Hilyer v. Blackwell

377 So. 2d 1090 · Court of Civil Appeals of Alabama · Sep 19, 1979

It is only "if the charges are proved unwarranted" that the Board may order reinstatement with lesser punishment. It was stated in the case of Waggoner v. … To hold otherwise permits the Board to determine the punishment rather than the issue of guilty as charged. Rule III of the Personnel Board may not be construed to give such authority to the Board.

City of Birmingham v. Personnel Bd.

464 So. 2d 100 · Court of Civil Appeals of Alabama · Dec 12, 1984

In City of Bessemer v. Personnel Board of Jefferson County , 420 So.2d 6 (Ala. 1982), rule 8.6 of the board was determined to be valid. … "We have spoken to the conflict between a city department and a county personnel board previously. In Hudson v.

Crowe v. Crowe

602 So. 2d 441 · Court of Civil Appeals of Alabama · Jul 24, 1992

Brown v. Brown , 586 So.2d 919 (Ala.Civ.App. 1991). … Brown , 586 So.2d 919 , 921 .

Hammond v. Bailey

394 So. 2d 25 · Court of Civil Appeals of Alabama · Nov 5, 1980

Foster v. Blount County Board of Education, 340 So.2d 751 (Ala.1976). Those procedural safeguards of the statute were not complied with in this case. … The case of Marshall County Board of Education v. State Tenure Commission, 291 Ala. 281 , 280 So.2d 130 (1973), has no application to this case.

Health Care Auth. of City of Huntsville v. State Health Plan. Agency

549 So. 2d 973 · Court of Civil Appeals of Alabama · Jun 28, 1989

We would note here, however, that a reviewing court cannot substitute its judgment for that of the board by reweighing the evidence as to questions of fact. State Health Planning Agency v. … City of Mobile v. Mills , 500 So.2d 20 , 21 (Ala.Civ.App. 1986).

Enterprise Bd. of Educ. v. C.P.

698 So. 2d 131 · Court of Civil Appeals of Alabama · Nov 1, 1996

Griffin v. Tatum , 425 F.2d 201 , 203 (5th Cir. 1970), quoting Judge Godbold's special concurrence in Ferrell v. … Petrey v. Flaugher , 505 F. Supp. 1087 (E.D.Ky. 1981). As stated in Lee v.

Ex Parte Brown

954 So. 2d 8 · Court of Civil Appeals of Alabama · Sep 6, 2005

Ex Parte Leigeber

608 So. 2d 404 · Court of Civil Appeals of Alabama · Sep 11, 1992

In Moore v. … Our supreme court has also held that boards of adjustment perform quasi judicial functions and are amenable to judicial review in circuit court. Ball v.

Rich v. Rich

887 So. 2d 289 · Court of Civil Appeals of Alabama · Jan 23, 2004

Brown v. State , 588 So.2d 551 , 556 (Ala.Crim.App. 1991) (quoting Handley v. State , 515 So.2d 121 , 125 (Ala.Crim.App. 1987), quoting in turn 8 Wigmore, Evidence § 2337 (McNaughton rev. 1961)). … Brown , 588 So.2d at 557 ; see also People v.

Mims v. Russell Petroleum Corp.

473 So. 2d 507 · Court of Civil Appeals of Alabama · Mar 27, 1985

Ott v. Everett, 420 So.2d 258, 261 (Ala.1982) (quoting Broughton v. Alabama Alcoholic Beverage Control Board, 348 So.2d 1059, 1061 (Ala.Civ.App. 1977)). … As authority for its position that the ABC Board did not abuse its discretion, the majority relies mainly on Broughton v.