Case law

Morris v. Morris

883 So. 2d 1257 · Court of Civil Appeals of Alabama · Apr 4, 2003

Robinson v. Robinson, 795 So.2d 729 (Ala.Civ.App.2001); Brown v. Brown, 719 So.2d 228 (Ala.Civ.App.1998). Because the trial court is in that unique position, its judgment based on ore tenus evidence is presumed correct. … Brown, supra. The wife next argues that the trial court abused its discretion in failing to comply with Rule 32, Ala. R. Jud. Admin.

Harlan v. Smith

507 So. 2d 943 · Court of Civil Appeals of Alabama · Nov 26, 1986

Collier v. Brown , 285 Ala. 40 , 228 So.2d 800 (1969). The record discloses the plaintiff knew he was purchasing a used mobile home. … Collier v. Brown, supra. The record, however, divulges no instances in which the defendant actively concealed or misrepresented anything having to do with the fact that the mobile home's roof leaked.

Johnson v. Cullman Medical Center

615 So. 2d 621 · Court of Civil Appeals of Alabama · Nov 6, 1992

See Post v. Duffy, 603 So.2d 1070 (Ala.Civ.App. 1992). … Gold Kist, Inc. v. Tedder, 580 So.2d 1321, 1322 (Ala.1991). See also, Talley v. Kellogg Co., 546 So.2d 385 (Ala. 1989).

Nursing Home of Dothan, Inc. v. SHPA

542 So. 2d 935 · Court of Civil Appeals of Alabama · Jan 27, 1988

We review the circuit court judgment without any presumption of correctness, since the court was in no better position to review the order of the Board than we are." Regional Dialysis v. … Mississippi Hospital Association, Inc. v. Heckler , 701 F.2d 511 (5th Cir. 1983).

Colonial Mgmt. Group v. State Health Planning and Dev. Agency

853 So. 2d 972 · Court of Civil Appeals of Alabama · Dec 13, 2002

The parties in Forest Manor, Inc. v. … See Personnel Board v. King , 456 So.2d 80 , 82 (Ala.Civ.App. 1984).

Hudson v. Hudson

404 So. 2d 82 · Court of Civil Appeals of Alabama · Sep 9, 1981

Piel v. Brown , 361 So.2d 90 (Ala. 1978). … Humphrey v. Humphrey , 293 Ala. 118 , 300 So.2d 376 (1974).

Aker v. State Ex Rel. Royster

477 So. 2d 437 · Court of Civil Appeals of Alabama · Jun 26, 1985

This court in Stewart , quoting Heller v. … Citing Brown v.

Pipes v. Adams

381 So. 2d 86 · Court of Civil Appeals of Alabama · Mar 5, 1980

The trial court, contrary to a prior ruling of the zoning board, granted a variance for the purpose of allowing the operation of a doctor's office. … Dyer v. Board of Zoning Adjustment Appeals , 45 Ala. App. 696 , 236 So.2d 705 (1970).

Sacred Heart Health System, Inc. v. Infirmary Health System

155 So. 3d 969 · Court of Civil Appeals of Alabama · Sep 24, 2010

Sevigny v. New South Fed. Sav. & Loan Ass’n, 586 So.2d 884, 886 (Ala.1991). … Bean Dredging, L.L.C. v. Alabama Dep’t of Revenue, 855 So.2d 513, 516 (Ala.2003) (citing Craig Constr. Co. v. Hendrix, 568 So.2d 752, 756 (Ala.1990), and Old Southern Life Ins. Co. v.

White v. State Department of Mental Health & Mental Retardation

497 So. 2d 148 · Court of Civil Appeals of Alabama · Oct 8, 1986

This court, in reviewing personnel board actions may not decide the truthfulness of conflicting testimony or substitute judgment for that of the board. … Personnel Board v. King, 456 So.2d 80 (Ala.Civ.App.1984). The decision of the Commissioner is supported by legal evidence. The testimony reveals that the employee was insubordinate and disobeyed written directions.

Tynes v. Alabama Great Southern Railroad

550 So. 2d 427 · Court of Civil Appeals of Alabama · Jul 13, 1989

Brown v. Seaboard Coast Line R.R., 473 So.2d 1022 (Ala.1985). … Brown, supra. As in Williams v. Illinois Central Gulf R.R., [Ms.

Mannor Corp. v. Sanders

624 So. 2d 617 · Court of Civil Appeals of Alabama · Apr 9, 1993

Lewis v. Director of State Dep’t of Industrial Relations, 373 So.2d 1147 (Ala.Civ.App.1979). … Williams v. Department of Industrial Relations, 490 So.2d 1246, 1249 (Ala.Civ.App.1986).

Thedford v. Payne

813 So. 2d 905 · Court of Civil Appeals of Alabama · May 18, 2001

Pryor v. Brown Root USA, Inc ., 674 So.2d 45 , 51 (Ala. 1995). … Brown Root USA, Inc ., supra, our supreme court affirmed a summary judgment entered in favor of the defendant employer on Pryor's claim of negligent entrustment of an automobile to Jeff Dealy, one of Brown Root's employees

Baker v. State Department of Human Resources

533 So. 2d 633 · Court of Civil Appeals of Alabama · Jul 20, 1988

Brown v. Alabama Department of Pensions & Security, 473 So.2d 533 (Ala.Civ.App.1985). Additionally, the court may consider the environment into which the children would be placed. Brown, 473 So.2d 533 . … Sanders v. Guthrie, 437 So.2d 1313 (Ala.Civ.App. 1983). This case is affirmed. The foregoing opinion was prepared by Retired Appellate Judge L.

Glasgow v. Jackson Land Surveying, LLC

236 So. 3d 111 · Court of Civil Appeals of Alabama · Apr 7, 2017

Bean v. … Martin v.

Reichhold Chemicals, Inc. v. McDaniel

361 So. 2d 363 · Court of Civil Appeals of Alabama · Jan 4, 1978

The Board of Appeals, Department of Industrial Relations, upheld the order of the appeals referee. … Keeping in mind the standard and facts set out in Clary v. Central Foundry Co., supra, and Ventress v.

Sims v. JPMC Specialty Mortgage, LLC

218 So. 3d 376 · Court of Civil Appeals of Alabama · Aug 26, 2016

Brown, 680 So.2d 321, 323 (Ala.Civ.App.1996)(quoting Green v. Wedowee Hosp., 584 So.2d 1309, 1315 (Ala.1991)).” JPMC and Chase also cite Williams v. … Co. v. Jackson, 566 So.2d 723, 726 (Ala.1990)(explaining the difference between the doctrines of res judicata and collateral estoppel). . See Board of Zoning Adjustment of Trussville v.

ALABAMA DOG HUNTERS ASS'N v. State

893 So. 2d 1224 · Court of Civil Appeals of Alabama · Jun 18, 2004

See Water Works Sewer Bd. v. Consolidated Publ's, Inc. , 892 So.2d 859 , 867 n. 5 (Ala. 2004). … See QCC, Inc. v. Hall , 757 So.2d 1115 , 1119 (Ala. 2000). Moreover, the plaintiffs' reliance upon Ex parte South Alabama Seafood Association , 627 So.2d 406 (Ala. 1993), and State v.

Scott v. State Pilotage Commission

699 So. 2d 196 · Court of Civil Appeals of Alabama · Jun 13, 1997

Board of Regents v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). … See, generally, Delavan v. Board of Dental Examiners, 620 So.2d 13 (Ala.Civ.App.1992).

Tucker v. Tucker

416 So. 2d 1053 · Court of Civil Appeals of Alabama · Jul 7, 1982

Brown v. Brown , 374 So.2d 332 (Ala.Civ.App.), cert. denied , 374 So.2d 334 (Ala. 1979). … See Hicks v. Hicks, supra; Blackwell v. *Page 1057 Blackwell, supra; Parish v. Parish, supra. Section 30-2-55 , however, applies only to awards of periodic alimony. Higginbotham v.