Case law

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  • French Auto Supply, Inc. v. Anglin

    567 So. 2d 312 · Court of Civil Appeals of Alabama · Jan 31, 1990

    Gunnels v. Jimmerson, 331 So.2d 247 (Ala.1976). Furthermore, before the court can consider extrinsic evidence to interpret a contract, the trial court must find as a matter of law that the contract is ambiguous. … Brown Mechanical Contractors, Inc. v. Centennial Ins. Co., 431 So.2d 932 (Ala.1983). Here, there was no finding that the lease agreement was ambiguous.

    Cited 0 timesPublished
  • Lawson State Cmty. Coll. v. Mitchell

    254 So. 3d 888 · Court of Civil Appeals of Alabama · Dec 1, 2017

    The hearing officer may reverse the decision of the Board and remand the matter for the entry of a lesser punishment only if the Board's decision is arbitrary or capricious." Escambia Cty. Bd. of Educ. v. … This court in Escambia County Board of Education v.

    Cited 0 timesPublished
  • State Department of Revenue v. Jones Manufacturing Co.

    589 So. 2d 206 · Court of Civil Appeals of Alabama · Nov 7, 1990

    See Brigham v. United States, 539 F.2d 1312 (3d Cir.1976). … Brown & Root Development, Inc. v. Tennessee Valley Authority, 681 F.2d 1313 (11th Cir. 1982).

    Cited 2 timesPublished
  • AMERICAN SERV. MUT. INS. CO. v. Grizzard

    356 So. 2d 191 · Court of Civil Appeals of Alabama · Mar 8, 1978

    See Montgomery City Lines, Inc. v. Scott , 248 Ala. 27 , 26 So.2d 200 (1946). See also Proctor v. … See Montgomery City Lines, Inc. v. Scott, supra; Proctor v. Coffey, supra; Rule 51, ARCP.

    Cited 4 timesPublished
  • Tob v. Cjb

    986 So. 2d 433 · Court of Civil Appeals of Alabama · Dec 7, 2007

    In November 2000, the United States Court of Appeals for the Armed Forces remanded the cause for the conduct of a mental examination, after which Best was examined by a sanity board. See United States v. … membership on the board of two psychotherapists who had previously assessed [Best's] mental condition" and, again, remanded the cause. 61 M.J. at 377 ; see United States v.

    Cited 0 timesPublished
  • Cargill v. State, Dept. of Indus. Relations

    428 So. 2d 62 · Court of Civil Appeals of Alabama · Dec 8, 1982

    The board of appeals found Cargill and Adams to be disqualified only from receiving unemployment compensation for the first few weeks of their unemployment. … Wheeler v. First Alabama Bank , 364 So.2d 1190 (Ala. 1978).

    Cited 4 timesPublished
  • Odom v. Alabama State Tenure Commission

    825 So. 2d 810 · Court of Civil Appeals of Alabama · Jan 25, 2002

    Board of Dental Examiners v. King, 364 So.2d 311 (Ala.Civ.App.1977), rev’d on other grounds, Ex parte King, 364 So.2d 318 (Ala.1978). … Board of Dental Examiners v. King [, 364 So.2d] at 317.” City of Jasper v. Civil Serv. Bd., 677 So.2d at 763 . See also State Tenure Comm’n v. *813 Page, 777 So.2d 126 (Ala.Civ.App.2000); State Tenure Comm’n v.

    Cited 0 timesPublished
  • Thompson v. Colbert County Tourism & Convention Bureau

    782 So. 2d 313 · Court of Civil Appeals of Alabama · Feb 11, 2000

    Murphy v. City of Mobile, 504 So.2d 243 (Ala.1987). … Rapid Transit Dist. v. Superior Court, 30 Cal.App.4th 713 , 36 Cal.Rptr.2d 665 (1994), and Roth v.

    Cited 0 timesPublished
  • Alabama Renal Stone Institute v. Shpa

    594 So. 2d 106 · Court of Civil Appeals of Alabama · Mar 15, 1991

    Houston County Hospital Board , 432 So.2d 1309 (Ala.Civ.App. 1983). ARSI and Springhill appeal. … Mount Royal Towers, Inc. v. Alabama Board of Health , 388 So.2d 1209 (Ala. 1980).

    Cited 2 timesPublished
  • Noland Hospital Shelby, LLC v. Select Specialty Hospitals, Inc.

    193 So. 3d 751 · Court of Civil Appeals of Alabama · Sep 18, 2015

    The Certificate of Need Review Board (“the CONRB”) of the State. … State Dep’t of Transp. v. Reid, 74 So.3d 465, 469 (Ala.Civ.App.2011) (quoting Ellison v. Green, 775 So.2d 831, 833 (Ala.Civ.App. 2000), quoting in turn Brown v.

    Cited 1 timesPublished
  • Pruitt v. Pruitt (Ex Parte Pruitt)

    275 So. 3d 1148 · Court of Civil Appeals of Alabama · Nov 14, 2018

    In Cole v. … Greer v. Greer , 624 So.2d 1076 , 1077 (Ala. Civ. App. 1993).

    Cited 0 timesPublished
  • Amie v. Conrey

    801 So. 2d 841 · Court of Civil Appeals of Alabama · May 11, 2001

    In that capacity, he worked 25 to 30 hours a week, and he received room and board and $40 every six weeks for his service. … Borders v. Borders , 597 So.2d 1373 (Ala.Civ.App. 1992)." Jackson v. Nelson , 686 So.2d 338 , 339 (Ala.Civ.App. 1996) (quoting Culver v. Culver , 651 So.2d 21 , 23 (Ala.Civ.App. 1994)).

    Cited 13 timesPublished
  • Clc v. Jda

    690 So. 2d 365 · Court of Civil Appeals of Alabama · May 24, 1996

    Dobbins v. Dobbins, 602 So.2d 900 (Ala.Civ.App.1992). Further, we would note that when considering custody matters, the trial court must determine what would be in the best interests and welfare of the child. Brown v. … Brown, 602 So.2d 429 (Ala.Civ.App.1992). With the above standard in mind, we do not deem it necessary to set out in detail the *367 full facts of this case.

    Cited 0 timesPublished
  • Mobile Rug Shade Co. Inc. v. Daniel

    424 So. 2d 1332 · Court of Civil Appeals of Alabama · Jan 5, 1983

    Walker v. Trotter Brothers, 192 Ala. 19 , 68 So. 345 , and cases cited; Ware v. Manning, 86 Ala. 238 , 5 So. 682 ; Jasper Trust Co. v. Lamkin, 162 Ala. 388 , 50 So. 337 , 24 L.R.A., N.S., 1237. See Ingalls v. … Brown, 121 Ala. 513 , 25 So. 997 . The term ‘account’ covers any item of indebtedness by contract, express or implied. Dees v. Self Bros., 165 Ala. 225 , 51 So. 735 .

    Cited 5 timesPublished
  • Taylor v. Alfa Mutual Insurance Co.

    601 So. 2d 1046 · Court of Civil Appeals of Alabama · Jul 17, 1992

    Brown v. Brown, 513 So.2d 617 (Ala.Civ.App.1987). Additionally, Taylor’s brief, in numerous respects, fails to comply with Rule 28, A.R.App.P. … Steeley v. Dunivant, 522 So.2d 299 (Ala.Civ.App.1988). Rules governing the operation of the courts of this state are no more forgiving to a pro se litigant than to one represented by counsel. Bowman v.

    Cited 0 timesPublished
  • Moore v. United States Pipe & Foundry Co.

    384 So. 2d 1108 · Court of Civil Appeals of Alabama · Jun 4, 1980

    Henslee v. Merritt , 263 Ala. 266 , 82 So.2d 212 (1955); Esslinger v. Spragins , 236 Ala. 508 , 183 So. 401 (1938). In a contract action, the cause of action accrues from the date the contract is breached. Lipscomb v. … See, Meyerson v. New Idea Hosiery Co. , 217 Ala. 153 , 115 So. 94 (1927). See also, Brown v. Wilson Co. , 230 F.2d 280 (7th Cir. 1956); Lewis v. Security-First Nat.

    Overruled by Weninegar v. SS Steele & Co., Inc., 477 So. 2d 949 (1985)Cited 6 timesPublished
  • Btd v. Tlch

    585 So. 2d 96 · Court of Civil Appeals of Alabama · May 31, 1991

    C.L.D. v. D.D., 575 So.2d 1140 (Ala.Civ.App.1991). In this case, that would have been both parties. … Scott v. Brown, 497 So.2d 192 (Ala.Civ.App. 1986). In other words, if this court dismissed this appeal for lack of jurisdiction, the appeal period in which to appeal to the circuit court would have long expired.

    Cited 0 timesPublished
  • O.S. v. E.S.

    205 So. 3d 1219 · Court of Civil Appeals of Alabama · Apr 19, 2013

    Waters v. Jolly, 582 So.2d 1048, 1055 (Ala.1991) (citing Brown v. Kings-berry Mortgage Co., 349 So.2d 564 (Ala. 1977), and Spindlow v. Spindlow, 512 So.2d 918 (Ala.Civ.App.1987)). … Brown v. Kingsberry Mortgage Co., 349 So.2d 564 (Ala.1977).

    Reversed by O.S. v. E.S., 2014 Ala. LEXIS 92 (2014)Cited 4 timesPublished
  • Lollar v. Lollar

    991 So. 2d 758 · Court of Civil Appeals of Alabama · Apr 11, 2008

    In Somers v. … In Wilson v. Wilson , 941 So.2d 967 (Ala.Civ.App. 2005), the husband in that case argued on appeal that the trial court had violated Ala.

    Cited 3 timesPublished
  • Jarrett v. Alabama Department of Industrial Relations

    9 So. 3d 501 · Court of Civil Appeals of Alabama · Nov 21, 2008

    Standard of Review In General Motors Corp. v. … See Osterhout v. Everett, 6 Ark.App. 216 , 639 S.W.2d 539 (1982); Wright v. District of Columbia Dep’t of Employment Services, 560 A.2d 509 (D.C.1989); Langley v.

    Cited 1 timesPublished

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