Case law

White v. Searcy

634 So. 2d 577 · Court of Civil Appeals of Alabama · Jan 14, 1994

See Cook v. Sweatt , 282 Ala. 177 , 209 So.2d 891 (1968). In Phillips v. … Creel v. Brown , 508 So.2d 684 (Ala. 1987). In this case, however, the jury found for Mrs. White and awarded her damages; it apparently found that she had not been contributorily negligent.

Denton v. Sam Blount, Inc.

669 So. 2d 951 · Court of Civil Appeals of Alabama · Oct 20, 1995

Driver v. Burlington Aviation, Inc. , 110 N.C. App. 519 , 430 S.E.2d 476 (1993) (passenger on airplane and his wife not entitled to bring action pursuant to § 25-3-318 against manufacturer of airplane); Thrift v. … App. 758 , 433 S.E.2d 481 (1993) (grocery store customer not entitled to bring action pursuant to § 25-2-318 against ice vendor); Crews v. W.A. Brown Son, Inc. , 106 N.C.

Hayes v. City of Hamilton

572 So. 2d 486 · Court of Civil Appeals of Alabama · Nov 7, 1990

Section 14-1-10, pertains to the power and authority of the Department of Corrections and in fact states: “In the performance of such functions and duties and in the exercise of such *487 powers and authorities, the board … Cummins v. Slayton, 545 So.2d 783 (Ala.Civ.App.1989). After careful review of the record, we are unable to find reversible error; consequently, this case is due to be affirmed. AFFIRMED.

Burton v. Allen

628 So. 2d 814 · Court of Civil Appeals of Alabama · Aug 13, 1993

Nash v. Cosby , 597 So.2d 209 (Ala. 1992). However, dismissal is a drastic sanction and is to be applied only in extreme situations. Cabaniss v. Wilson , 501 So.2d 1177 (Ala. 1986). … Id; Smith v. Wilcox County Board of Education , 365 So.2d 659 (Ala. 1978). The facts in this case do not justify dismissal.

McCarthy v. Popwell

880 So. 2d 1156 · Court of Civil Appeals of Alabama · Nov 14, 2003

A.L. v. B.W. , 735 So.2d 1237 , 1239 (Ala.Civ.App. 1999); Thompson v. Thompson , 689 So.2d 885 , 887 (Ala.Civ.App. 1997) (quoting Ex parte Bayliss , 550 So.2d 986 , 987 (Ala. 1989)). … Thrasher v. Wilburn , 574 So.2d 839 , 841 (Ala.Civ.App. 1990). Undue hardship does not imply the absence of personal sacrifice, because many parents sacrifice to send their children to college. Id. " Penney v.

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.

Johnson v. Cramer

598 So. 2d 980 · Court of Civil Appeals of Alabama · Apr 3, 1992

Malloy v. Sullivan, 455 So.2d 12 (Ala.1984). … Harold Brown Builders, Inc. v. Jordan Co., 401 So.2d 36 (Ala.1981). There being no material issue of fact, we agree with the trial court and find that Cramer was entitled to judgment as a matter of law.

Flores v. Flores

978 So. 2d 791 · Court of Civil Appeals of Alabama · Aug 3, 2007

Point Clear Landing, Inc. , 864 So.2d 369 , 371 (Ala.Civ.App. 2003) (quoting Harper Sales Co. v. Brown, Stagner, Richardson, Inc. , 742 So.2d 190 , 192 (Ala.Civ.App. 1999)). … See Corsino v.

Shoney's, Inc. v. Barnett

773 So. 2d 1015 · Court of Civil Appeals of Alabama · Apr 30, 1999

Davis testified that he telephoned the police to report the theft and that he called Brown with this information. He said that Brown instructed him to have a warrant issued for Barnett. … Huffman v.

State Health Planning & Development Agency v. Forest Manor, Inc.

739 So. 2d 17 · Court of Civil Appeals of Alabama · Mar 13, 1998

Fuentes v. Shevin, 407 U.S. 67 , 92 S.Ct. 1983 , 32 L.Ed.2d 556 (1972); Boddie v. Connecticut, 401 U.S. 371 , 91 S.Ct. 780 , 28 L.Ed.2d 113 (1971); Krupp Oil Co. v. Yeargan, 665 So.2d 920 (Ala.1995). … Attorney General v. Tarleton, 279 Ala. 555 , 188 So.2d 516 (1966).” Turner v. State Employees’ Retirement Sys., 485 So.2d 765, 766 (Ala.Civ.App.1986).

Homes of Legend, Inc. v. O'NEAL

855 So. 2d 536 · Court of Civil Appeals of Alabama · Jan 31, 2003

In International Paper Co. v. … Brown, 638 So.2d 1339 (Ala.Civ. App.1993). See also Ex parte Tuscaloosa County, 522 So.2d 782 (Ala.1988).

City of Homewood v. Reebals

835 So. 2d 1038 · Court of Civil Appeals of Alabama · May 17, 2002

Reebals cites Stallworth v. City of Evergreen, 680 So.2d 229 (Ala.1996), in support of his argument that a conflict of interest is a question of law that can be addressed by the panel. … Reebals also cites Zuck v. Alabama, 588 F.2d 436 (5th Cir.1979).

Alabama Department of Environmental Management v. Association of Regional Councils

968 So. 2d 534 · Court of Civil Appeals of Alabama · Jul 28, 2006

The plaintiffs sued the Board of Pharmacy of the State of Alabama (“the Board”), alleging that a new regulation adopted by the Board was unconstitutional and unenforceable in that it attempted to abridge, modify, or contradicted … Morris v.

Burns v. Motors Ins. Corp.

530 So. 2d 824 · Court of Civil Appeals of Alabama · Aug 26, 1988

See, Wilson v. Brown , 496 So.2d 756 (Ala. 1986). Our review of the record in the present case reveals that at the time of M.I.C.' … See, Johnson v. Salter, supra; Rule 4 (a)(2), A.R.A.P. V.

Noe v. Noe

679 So. 2d 1057 · Court of Civil Appeals of Alabama · Oct 20, 1995

The defendants further alleged that the case was factually similar to Kelley v. English, 439 So.2d 26 (Ala.1983), and that the ease should be dismissed on the authority of Kelley . … See Bullen v. Brown, 535 So.2d 76 (Ala.1988). The judgment of the trial court is reversed, and this cause is remanded for further proceedings. REVERSED AND REMANDED. All the Judges concur. .

Boyette v. Jefferson County

728 So. 2d 639 · Court of Civil Appeals of Alabama · Apr 17, 1998

We affirm. *640 The employee has been before this court once before, on appeal from a judgment affirming the decision of the Board to uphold his dismissal by the County. Boyette v. … Mason v. Stallings, 82 F.3d 1007, 1009 (11th Cir.1996) (citing Smith v. Lomax, 45 F.3d 402 , 403 n. 4 (11th Cir.1995)).

Watwood v. Watwood

485 So. 2d 343 · Court of Civil Appeals of Alabama · Jan 29, 1986

Bass v. Bass, 475 So.2d 1196 (Ala.Civ.App.1985); Murphy v. Murphy, 470 So.2d 1297 (Ala.Civ.App.1985). … While the ore tenus rule does not apply in a review of a case where the facts are substantially undisputed, Stiles v. Brown, 380 So.2d 792 (Ala.1980); Hadley v.

Moore v. Moore

849 So. 2d 969 · Court of Civil Appeals of Alabama · Oct 18, 2002

Byrd v. Southeast Enters., Inc., 812 So.2d 266, 269 (Ala.2001); Brown v. Kingsberry Mortgage Co., 349 So.2d 564, 568 (Ala.1977); Ex parte Brice, 340 So.2d 792, 794-95 (Ala.1976); Denton v. … Ex parte Brice, 340 So.2d 792, 794-95 (Ala.1976); Hill v. Hill, 523 So.2d 425, 428 (Ala.Civ.App.1987).

Leverett v. Leverett

123 So. 3d 962 · Court of Civil Appeals of Alabama · Mar 22, 2013

“Before January 1,1999, Alabama recognized a divorce a mensa et thoro, also known as a divorce from bed and board, which was the common-law predecessor to a legal separation. Id. See also Drummond v. … B.R.F. v. A.V.F., 70 So.3d 412, 419 (Ala.Civ.App.2011) (citing Romano v. Romano, 703 So.2d 374, 375 (Ala.Civ.App.1997)).

Alabama Education Ass'n v. Black

797 So. 2d 498 · Court of Civil Appeals of Alabama · Apr 27, 2001

Belcher v. … Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990).