Case law

BOYETT BY BOYETT v. Tomberlin

678 So. 2d 124 · Court of Civil Appeals of Alabama · Dec 1, 1995

In Byrd v. … County boards of education, as local agencies of the State, partake of this immunity. Hutt v. Etowah County Bd. of Educ. , 454 So.2d 973 , 974 (Ala. 1984).

McKeever v. McKeever

528 So. 2d 856 · Court of Civil Appeals of Alabama · May 11, 1988

Hamilton v. Phillips , 494 So.2d 659 (Ala.Civ.App. 1986); McDowell v. McDowell , 470 So.2d 1277 (Ala.Civ.App. 1985). See also Brown v. Brown , 477 So.2d 454 (Ala.Civ.App. 1985); Scruggs v. … Lewis v. Lewis , 494 So.2d 105 (Ala.Civ.App. 1986); Hurd v. Hurd , 485 So.2d 1194 (Ala.Civ.App. 1986).

Lindsey v. Patterson

883 So. 2d 223 · Court of Civil Appeals of Alabama · Dec 12, 2003

Thrasher v. Wilburn, 574 So.2d 839, 841 (Ala.Civ.App.1990); see also Fielding v. Fielding, 843 So.2d 766, 769 (Ala.Civ.App. 2002). … Hertzberg v. Gainey, 855 So.2d 561, 564 (Ala.Civ.App.2003); see, e.g., Penney v. Penney, 785 So.2d 376 (Ala.Civ. App.2000); and Kent v.

Overnite Transp. Co. v. McDuffie

933 So. 2d 1092 · Court of Civil Appeals of Alabama · Nov 10, 2005

See generally City of Auburn v. … See also Terminato v. Pennsylvania Nat'l Ins.

Grelier v. Grelier

44 So. 3d 1092 · Court of Civil Appeals of Alabama · Dec 30, 2009

In Brown v. … Willing v. Willing, 655 So.2d 1064 (Ala.Civ.App.1995).” Henderson v. Henderson, 800 So.2d 595, 597 (Ala.Civ.App.2000).

Alabama Medicaid Agency v. BEVERLY ENT.

521 So. 2d 1329 · Court of Civil Appeals of Alabama · Dec 2, 1987

Alabama Farm Bureau Mutual Casualty Insurance Co. v. City of Hartselle , 460 So.2d 1219 (Ala. 1984); Mitchell v. State Child Abuse Neglect Prevention Board , 512 So.2d 778 (Ala.Civ.App. 1987). … See Alabama Department of Public Health v. Perkins , 469 So.2d 651 (Ala.Civ.App. 1985); Sexton v. Tuscaloosa County Civil Service Board , 426 So.2d 432 (Ala.Civ.App. 1983).

Vardaman v. Vardaman

167 So. 3d 342 · Court of Civil Appeals of Alabama · Nov 7, 2014

Brown v. Brown, 719 So.2d 228 (Ala.Civ.App.1998). … Brown, supra. However, there is no presumption of correctness in the trial court’s application of law to the facts. Gaston v. Ames, 514 So.2d 877 (Ala.1987).’ “Robinson v.

Smith v. State Department of Revenue

614 So. 2d 1059 · Court of Civil Appeals of Alabama · Sep 4, 1992

Cockrell v. World’s Finest Chocolate Co., 349 So.2d 1117 (Ala. 1977); State ex rel. P.A.W. v. P.A.D., 591 So.2d 98 (Ala.Civ.App.1991). … Craig v. Perry, 565 So.2d 171 (Ala.1990). Smith cites Grubbs v.

McCluskey v. Lansdell

571 So. 2d 312 · Court of Civil Appeals of Alabama · May 23, 1990

Acts 1971, No. 1695 and board procedures. The Board then ruled in favor of the deputies, and McCluskey was removed from the payroll. … Almon v. Fowler, 160 Ala. 186 , 48 So. 985 (1908). However, an unconditional resignation to take effect immediately cannot be withdrawn even with the consent of the power authorized to accept it. Almon, supra.

Point Clear Landing Ass'n, Inc. v. Kaylor

959 So. 2d 672 · Court of Civil Appeals of Alabama · Dec 8, 2006

PCL and the Board later reached an agreement as to PCL's claims regarding the variance, and the trial court dismissed the Board [from] the action. … That deposition was submitted by the Board in support of its motion for a summary judgment on PCL's challenge to the Board's denial of its request for a variance.

Ashley v. Eugene

490 So. 2d 4 · Court of Civil Appeals of Alabama · Apr 16, 1986

Johnson v. State of Alabama, [Ms. February 26, 1986] 485 So.2d 1185 (Ala.Civ.App.1986); Buckhalter v. … Buckhalter, 484 So.2d 1119 ; Brown v. Alabama Department of Pensions and Security, 473 So.2d 533 (Ala.Civ.App.1985).

Hall v. City of Dothan

539 So. 2d 286 · Court of Civil Appeals of Alabama · Oct 19, 1988

Step 4 provides for an appeal of an adverse decision, in writing, to the chairman of the Personnel Board. … Patsy v. Florida Board of Regents , 457 U.S. 496 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982). We conclude, however, that their attempt to state a cause of action under § 1983 is premature.

Maramen v. Thompson

46 Ala. App. 377 · Court of Civil Appeals of Alabama · Jan 6, 1971

Alabama Power Co. v. Kendrick, 219 Ala. 692 , 123 So. 215 ; Brown v. Patterson, 214 Ala. 351 , 108 So. 16 . In the absence of a provision in our statutes,, it is equally clear the filing of such plea is not mandatory. … Justice Bouldin in Brown v.

Dees v. Department of Industrial Relations

595 So. 2d 899 · Court of Civil Appeals of Alabama · Jan 24, 1992

Dees appealed the referee’s decision to the Department of Industrial Relations Board of Appeals. The Board denied the appeal, and that decision became final on May 13, 1991. On June 13, 1991, 31 days later, Ms. … See Quick v. Uto-tem of Alabama, Inc., 365 So.2d 1245 (Ala. Civ.App.1979); Director of State Dep’t of Industrial Relations v. Nolin, 374 So.2d 903 (Ala.Civ.App.1979).

White v. Allen

567 So. 2d 295 · Court of Civil Appeals of Alabama · May 24, 1989

We have previously addressed that issue in Allen v. Hooks, 564 So.2d 440 (Ala.Civ.App.1988), and Doty v. State Department of Industrial Relations, 564 So.2d 438 (Ala.Civ.App.1988). … Director of State Department of Industrial Relations v. Nolin, 374 So.2d 903 (Ala.Civ.App.1979); Quick v. Utotem of Alabama, Inc., 365 So.2d 1245 (Ala.Civ.App.1979).

Owings v. Gullett

437 So. 2d 1050 · Court of Civil Appeals of Alabama · Aug 24, 1983

Fountain v. Phillips, 404 So.2d 614 (Ala.1981); Browning v. Birmingham News, 348 So.2d 455 (Ala.1977). … Brown v. Billy Marlar Chevrolet, Inc., 381 So.2d 191 (Ala.1980). We affirm the judgment in part and reverse and remand it in part as aforesaid. The foregoing opinion was prepared by Retired Circuit Judge Edward N.

Lawson v. Shelby County Sheriff's Office

961 So. 2d 158 · Court of Civil Appeals of Alabama · Jan 5, 2007

Board of Water & Sewer Comm’rs of Mobile v. Smith, 591 So.2d 521, 522 (Ala.Civ.App.1991). … Ex parte Personnel Bd. of Jefferson County, 648 So.2d at 594 ; see also City of Mobile v.

Norwood v. Mariner Lakes Property Owners Ass'n

615 So. 2d 1210 · Court of Civil Appeals of Alabama · Dec 11, 1992

Bean v. Craig, 557 So.2d 1249 (Ala.1990). … A special exception is an enumerated use, specified in the zoning ordinances, that requires the approval of an administrative board or agency. Ex parte Fairhope Board of Adjustment & Appeals, 567 So.2d 1353 (Ala.1990).

Dawson v. AL. DEPT. OF ENVIRONMENTAL MGMT.

529 So. 2d 1012 · Court of Civil Appeals of Alabama · Feb 19, 1988

Perkins, 469 So.2d 651 ; Sexton v. Tuscaloosa County Civil Service Board, 426 So.2d 432 (Ala.Civ.App.1983). … See Personnel Board v.

Ex Parte City of Birmingham, 2091117 (ala.civ.app. 2-18-2011)

75 So. 3d 152 · Court of Civil Appeals of Alabama · Feb 18, 2011

Evans v. City of Huntsville, [ 580 So.2d 1323 (Ala.1991) ]. … 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).’