Case law

Allen v. Bessemer State Technical College

703 So. 2d 383 · Court of Civil Appeals of Alabama · Feb 21, 1997

Hardy v. Birmingham Board of Educ. , 954 F.2d 1546 , 1547 (11th Cir. 1992). … See Colbert County Board of Educ. v. Johnson , 652 So.2d 274 (Ala.Civ.App. 1994).

Ex Parte Cooper Green Hosp.

519 So. 2d 1352 · Court of Civil Appeals of Alabama · Oct 28, 1987

When the Board utilizes a hearing officer, his finding of facts is presumed to be correct. Coleman v. Alabama Alcoholic Beverage Control Board , 465 So.2d 1158 (Ala.Civ.App. 1985). … Eady v. Dixie Dozer Equipment Co. , 484 So.2d 1106 (Ala.Civ.App. 1986).

Kruse v. City of Birmingham

67 So. 3d 910 · Court of Civil Appeals of Alabama · Jan 28, 2011

Inmates of the Nebraska Penal and Correctional Complex, 442 U.S. 1, 7 , 99 S.Ct. 2100, 2103-04 , 60 L.Ed.2d 668 (1979); Board of Regents v. Roth, 408 U.S. 564, 570-71 , 92 S.Ct. 2701, 2705-06 , 33 L.Ed.2d 548 (1972). … Davis, 456 So.2d 69, 70-71 (Ala.Civ.App.1983), quoting in turn Browning v. City of Gadsden, 359 So.2d 361, 364 (Ala.1978)).

L.R.S. v. M.J.

229 So. 3d 772 · Court of Civil Appeals of Alabama · Sep 23, 2016

L.R.S. v. M.J., 229 So.3d 772, 774-75 (Ala. Civ. App. 2016). That civil action actually was-originally filed in the Mobile Circuit Court. … Woolf v. McGaugh, 175 Ala. 299, 303 , 57 So. 754, 755 (1911) (‘ “By jurisdiction over the subject-matter is meant the nature of the cause of action and of the relief sought.” ’ (quoting Cooper v.

Starlite Lounge v. Abc Bd.

603 So. 2d 1107 · Court of Civil Appeals of Alabama · Aug 21, 1992

"This court recognizes the discretion of the ABC Board as broad. Broughton v. Alabama Alcoholic Beverage Control Board, 348 So.2d 1059, 1060 (Ala.Civ.App.1977). … "The ABC Board also has the authority to determine the weight and credibility of the evidence before it; therefore, this court will not substitute its judgment for [that of] the ABC Board. Mims v.

Lewis ex rel. P.L. v. Mitchell

188 So. 3d 698 · Court of Civil Appeals of Alabama · Jul 17, 2015

Davis v. Hanson Aggregates Southeast, Inc., 952 So.2d 330 (Ala.2006).’ ” Lloyd Noland Found., Inc. v. HealthSouth Corp., 979 So.2d 784, 793 (Ala.2007) (quoting Smith v. State Farm Mut. Auto. Ins. … This court, in Hinson v.

Guernsey v. Guernsey

794 So. 2d 1108 · Court of Civil Appeals of Alabama · Mar 30, 2001

Ex parte Carstens, 728 So.2d. 128 (Ala. 1998); Lyon v. Lyon, 618 So.2d 127 , 129 (Ala.Civ.App. 1992); Brown v. Brown, 476 So.2d 114 (Ala.Civ.App. 1985). … See, e.g., In the Interest of L.C., supra; White v. Blake, 859 S.W.2d 551 (Tex.App. 1993); Souza v. Bristow, 193 Cal.App.3d 1304 , 238 Cal.Rptr. 892 (1987). The circuit court did not have jurisdiction to entertain Mr.

Vaughan v. Sibley

709 So. 2d 482 · Court of Civil Appeals of Alabama · Jul 11, 1997

However, once such a policy is adopted by the board, the board is bound to follow it." Breazeale v. Board of Trustees of the University of South Alabama , 575 So.2d 1126 , 1128 (Ala.Civ.App. 1991). See also Baker v. … See also Breazeale v. Board of Trustees of the Univ. of South Alabama , 575 So.2d 1126 (Ala.Civ.App. 1991).

STATE ABC BD. v. Shabani

819 So. 2d 46 · Court of Civil Appeals of Alabama · May 26, 2000

In Fulford v. Board of Zoning Adjustment of City of Dothan, 256 Ala. 336 , 54 So.2d 580 (1951), a restaurant petitioned for a license to sell beer. … I would reverse the circuit court's reversal of the Board's decision to deny Shabani's request for an off-premises beer license. The Board's decision is presumed correct. Ala.Code 1975, § 41-22-20(k); Davis v.

Elliott v. BD. OF EQUALIZATION & ADJUSTMENT

469 So. 2d 602 · Court of Civil Appeals of Alabama · Oct 24, 1984

Williamson v. Shoults , 423 So.2d 874 (Ala.Civ.App. 1982). … Ford v. Genereux , 104 Colo. 17 , 87 P.2d 749 (1939); Amodio v. Civil Service Commission of Department of Civil Service , 81 N.J. Super. 22 , 194 A.2d 512 (1963); Texas Real Estate Commission v.

City of Mobile v. Weinacker

720 So. 2d 953 · Court of Civil Appeals of Alabama · Apr 17, 1998

the City's Land Use/Code Administration Department. ". . . . "(5) Approval of Architectural Review Board, Old Dauphin Way Review Board, and any other Review Board added in the future, and procedures for application. … See Smith v. City of Mobile , 374 So.2d 305 , 307 (Ala. 1979); Longshore, supra. The ordinance is impermissibly vague and ambiguous. In addition, it provides the review boards unbridled discretion.

Bramlett v. Adamson Ford, Inc.

717 So. 2d 772 · Court of Civil Appeals of Alabama · Dec 20, 1996

Wilson v. Brown, 496 So.2d 756, 758 (Ala.1986); Harrell v. Reynolds Metals Co., 495 So.2d 1381 (Ala.1986). See also Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990). … Sadie v. Martin, 468 So.2d 162, 165 (Ala.1985). Conspiracy itself furnishes no civil cause of action. Allied Supply Co. v. Brown, 585 So.2d 33, 36 (Ala.1991)." Triple J Cattle, Inc. v.

Sharp v. Sharp

578 So. 2d 1320 · Court of Civil Appeals of Alabama · Apr 11, 1991

Thereafter, a proceeding was filed in the Family Court (Juvenile Court) of Jefferson County styled State of Alabama v. … See Brown v. Brown , 476 So.2d 114 (Ala.Civ.App. 1985).

Porter v. Hugine

101 So. 3d 1228 · Court of Civil Appeals of Alabama · Aug 10, 2012

Univ. v. … Stinson v.

Swann v. Caylor

516 So. 2d 699 · Court of Civil Appeals of Alabama · Oct 21, 1987

Swann resigned and his resignation was accepted on November 19, 1984, the school board was no longer required to carry out any of its responsibilities which were imposed by § 16-24-9 . Atkins v. … Montgomery v. Big B, Inc. , 460 So.2d 1286 (Ala. 1984). The letter in question was addressed to Mr. Swann, and it was sent to him by certified mail.

Stewart v. Stewart

392 So. 2d 1194 · Court of Civil Appeals of Alabama · Nov 19, 1980

*Page 1195 Brown v. Kingsbury Mortgage Co. , Ala., 349 So.2d 564 (1977). … In Brown v. Kingsbury Mortgage Co., supra , "fraud upon the court" was construed to be fraud which defiles or attempts to defile the court itself.

Phomsavanh v. Phomsavanh

666 So. 2d 537 · Court of Civil Appeals of Alabama · Jul 21, 1995

Brown, who have been allowing him to stay with them. The Browns testified that the Father was a patient, kind, and good person and attentive parent. … Jensen v. Short , 494 So.2d 90 (Ala.Civ.App. 1986).

City of Daphne v. Dolan

603 So. 2d 1042 · Court of Civil Appeals of Alabama · Dec 20, 1991

Lindsey v. Board of Adjustment, City of Gadsden, 358 So.2d 469 (Ala.Civ.App.1978). … Board of Zoning Adjustment v. Warren, 366 So.2d 1125 (Ala.1979); Lindsey; see also Mason v. Board of Zoning Adjustment, 574 So.2d 852 (Ala.Civ.App.1990).

Favors v. Skinner's Wholesale Nursery, Inc.

860 So. 2d 359 · Court of Civil Appeals of Alabama · Apr 4, 2003

P., motion for relief from the judgment because it was filed more than 30 days after the judgment was entered (see, e.g., Brown v. … Brown v. Brown, 808 So.2d 40, 42 (Ala.Civ.App.2001).

Thompson v. City of Florence

554 So. 2d 432 · Court of Civil Appeals of Alabama · Mar 29, 1989

Director of the Alabama Department of Industrial Relations v. Winston County Commission, 468 So.2d 177 (Ala.Civ.App.1985). … Standard Oil Co. v. State, 55 Ala.App. 103 , 313 So.2d 532 (Ala.Civ.App.1975).