Case law

Ferlisi v. Alabama Medicaid Agency

481 So. 2d 400 · Court of Civil Appeals of Alabama · Dec 4, 1985

Alabama Board of Nursing v. Herrick , 454 So.2d 1041 (Ala.Civ.App. 1984); Parsons v. Board of Registration , 451 So.2d 296 (Ala.Civ.App. 1984). … Homan and Crimen, Inc. v. Harris , 626 F.2d 1201 (5th Cir. 1980); Expedient Services, Inc. v. Weaver , 614 F.2d 56 (5th Cir. 1980). Alamed correctly interpreted the Medicaid regulations in this case.

Swindle v. Swindle

157 So. 3d 983 · Court of Civil Appeals of Alabama · Jun 27, 2014

Lenz v. … See, Hawkins v. Harvey, 481 So.2d 907 (Ala.Civ.App.1985).” Brown v. Brown, 513 So.2d 617, 619 (Ala.Civ.App.1987).

D.K.G. v. J.H.

627 So. 2d 935 · Court of Civil Appeals of Alabama · Dec 11, 1992

See Wright v. Montgomery County Department of Pensions & Security, 423 So.2d 256 (Ala. Civ.App.1982), and the commentary to Rule 28, A.R.J.P. … Scott v. Brown, 497 So.2d 192 (Ala. Civ.App.1986). Though recognizing that the appeal should have been brought to this court under Rule 28, A.R.J.P., the circuit court did not transfer but instead dismissed the appeal.

Bonner v. State Department of Human Resources

676 So. 2d 931 · Court of Civil Appeals of Alabama · Oct 1, 1993

On November 17, 1992, the Alabama State Personnel Board (Board) upheld the Department’s decision to terminate Bonner’s employment. … In Rogers v.

City of Huntsville v. Benchwarmer Food & Spirits, Inc.

684 So. 2d 127 · Court of Civil Appeals of Alabama · Oct 11, 1996

Owens v. Food World, Inc.

668 So. 2d 841 · Court of Civil Appeals of Alabama · Aug 11, 1995

West v. Founders Life Assurance Co., 547 So.2d 870, 871 (Ala.1989). Our supreme court reiterated the burden of proof in a “slip and fall” case in Richardson v. … Brown, 394 So.2d 49, 50 (Ala.Civ.App.1981)) (citation omitted). It is clear that Owens did not establish a prima facie case; he presented none of the elements cited.

State Department of Human Resources v. R.C.

592 So. 2d 587 · Court of Civil Appeals of Alabama · Sep 26, 1990

Self v. Fugard, 518 So.2d 727 (Ala.Civ.App.1987). Furthermore, it is well settled that the paramount consideration in child custody eases is the best interests of the child. Brown v.

Hinds v. Hinds

887 So. 2d 267 · Court of Civil Appeals of Alabama · Nov 7, 2003

Until April 2003, he served as chairman of the board of the bank. The husband owns 55,000 shares of Regions Bank stock. … v.

Savage v. Swift

596 So. 2d 937 · Court of Civil Appeals of Alabama · Feb 7, 1992

Wallace, Jr., and Glen Browder, apparently in their capacity as members of the Alabama Board of Adjustment. … Defendants depriving Plaintiff of privacy of interests liberty of contents of the State of Alabama Board of adjustment of the Rule Number Nineteen property fail just compensate, B.

Gennie v. VanHorne

707 So. 2d 266 · Court of Civil Appeals of Alabama · Nov 14, 1997

See Bell v. Lowery, 619 So.2d 1380, 1381 (Ala.1993). … Taylor v. State, 666 So.2d 36, 42 (Ala.Cr.App.1994).

Ex Parte McWhorter

716 So. 2d 720 · Court of Civil Appeals of Alabama · Apr 3, 1998

See also Ex parte Brown , 562 So.2d 485 (Ala. 1990); Ex parte Breedlove , 673 So.2d 415 (Ala. 1995). … Walker v. Carolina Mills Lumber Co. , 441 So.2d 980 (Ala.Civ.App. 1983). When the mandate of the appellate court is not clear, the court's opinion should be consulted. Id.

City of Alabaster v. Housing Authority of the Town of Columbiana

451 So. 2d 336 · Court of Civil Appeals of Alabama · May 9, 1984

In September 1980, the Park Board recommended to the Alabaster City Council that the condemnation action be taken or the sewer line would have to be removed. … As this court said in Nicrosi v. City of Montgomery, 406 So.2d 951 (Ala.Civ.App.1981), quoting City of Birmingham v.

Allen v. Crawford

591 So. 2d 887 · Court of Civil Appeals of Alabama · Dec 13, 1991

Donnelly v. Doak, 346 So.2d 414 (Ala.1977). Further, where the evidence before the trial court concerning Crawford’s efforts to seek full-time employment is undisputed, the ore tenus rule does not apply. Stiles v. … Brown, 380 So.2d 792 (Ala.1980). Section 25-4-77(a)(5), Code 1975, provides: “An unemployed individual shall be eligible to receive benefits [if] ...

Embu, Inc. v. Tallapoosa Cnty. Comm'n

263 So. 3d 731 · Court of Civil Appeals of Alabama · Apr 20, 2018

("the ABC Board"), and three members of the ABC Board individually. … Vann v. Cook , 989 So.2d 556 , 559 (Ala. Civ. App. 2008)." MPQ, Inc. v. Birmingham Realty Co. , 78 So.3d 391 , 394 (Ala. 2011).

Hamilton v. Alabama Department of Postsecondary Education

50 So. 3d 439 · Court of Civil Appeals of Alabama · Nov 13, 2009

“In Hall v. … See Williams v.

Luce v. Huddleston

628 So. 2d 819 · Court of Civil Appeals of Alabama · Aug 27, 1993

Lowrey v. SouthTrust Bank of Huntsville, N.A. , 530 So.2d 844 (Ala.Civ.App. 1988); Boudreaux v. House , 479 So.2d 1291 (Ala.Civ.App. 1985); Gomillion v. Whatley Supply Co. , 446 So.2d 52 (Ala.Civ.App. 1984); and Hand v. … Bryan v. Brown , 339 So.2d 577 (Ala. 1976). The timely filing of a notice of appeal is jurisdictional. Bryan, supra. See also Committee Comments to Rule 7, A.R.App.P.

Masterbrand Cabinets, Inc. v. Ruggs

891 So. 2d 869 · Court of Civil Appeals of Alabama · Apr 16, 2004

Ruggs testified that on August 7, 2000, she was "catching boards" off the dowler machine and stacking them. She stated that the boards were so large that she had to catch them with both hands. … Ruggs testified that as she was taking one board off the dowler machine "[the board] kicked sideways" and her left wrist "popped." Ruggs reported the accident to her supervisor.

Walker v. Norfolk Southern Railway Co.

765 So. 2d 665 · Court of Civil Appeals of Alabama · Mar 24, 2000

Norfolk invited Walker to interview with [W.KJ Bice for a position as an ‘extra board clerk.’ … Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 556 , 114 S.Ct. 2396 , 129 L.Ed.2d 427 (1994) (emphasis added), quoted in Sweeney v.

Johnson v. State

797 So. 2d 1113 · Court of Civil Appeals of Alabama · May 4, 2001

Meachum v. Fano, 427 U.S. 215 , 96 S.Ct. 2532 , 49 L.Ed.2d 451 (1976); Hewitt v. Helms, 459 U.S. 460 , 103 S.Ct. 864 , 74 L.Ed.2d 675 (1983). … Montanye v. Haymes, 427 U.S. 236, 242 , 96 S.Ct. 2543, 2547 , 49 L.Ed.2d 466 (1976). See also Vitek v. Jones, 445 U.S. 480, 493 , 100 S.Ct. 1254, 1263 , 63 L.Ed.2d 552 (1980).

Sims v. Sims

60 So. 3d 306 · Court of Civil Appeals of Alabama · Oct 29, 2010

See Brown v. Melton, 29 So.3d 868, 872 (Ala.2009). In the present case, the trial court resolved the father’s complaint for a divorce; however, it did not resolve the mother’s contempt motion. … A.C. v. C.C., 34 So.3d 1281, 1287 (Ala.Civ.App.2009) (citing Decker v. Decker, 984 So.2d 1216 (Ala.Civ.App.2007), and Heaston v. Nabors, [ 889 So.2d 588 (Ala.Civ.App.2004) ]).