Case law

Muery v. Muery

46 Ala. App. 617 · Court of Civil Appeals of Alabama · Mar 10, 1971

Ex parte Gunnels, 25 Ala.App. 577 , 151 So. 605 ; Robertson v. State, 20 Ala.App. 514 , 104 So. 561 . … In the case of Stone v.

Evans v. Courtaulds Fibers, Inc.

784 So. 2d 1030 · Court of Civil Appeals of Alabama · Apr 30, 1999

In Smith v. Wilcox County Board of Education , 365 So.2d 659 (Ala. 1978), the supreme court reversed the trial court's order dismissing the case under Rule 41(b) for want of prosecution. … In Wal-Mart Stores, Inc. v. Caples , 646 So.2d 1328 (Ala. 1994), the supreme court held that a trial court may, sua sponte , dismiss an action for failure to prosecute.

Sc Realty v. Jefferson Cty.

638 So. 2d 1343 · Court of Civil Appeals of Alabama · Nov 24, 1993

The supreme court, in Kimberly-Clark Corp. v. … To support its contention that § 12-22-20 gives the circuit court appellate jurisdiction over its appeal from the probate court, SC Realty cites Graves v. McDonough , 264 Ala. 407 , 88 So.2d 371 (1956), and State v.

Joe v. Joe

891 So. 2d 879 · Court of Civil Appeals of Alabama · Apr 16, 2004

See Ogle v. … See Brown v. Wheeler, 437 So.2d 521 (Ala.1983). The circuit court erred in summarily denying her ALAA claim.

Cain v. Strachan

68 So. 3d 854 · Court of Civil Appeals of Alabama · Feb 18, 2011

Brown, 496 So.2d 756, 758 (Ala.1986). … In McDorman v.

Canady v. Allen

646 So. 2d 147 · Court of Civil Appeals of Alabama · Aug 12, 1994

Heatherly v. Campbell, 485 So.2d 735 (Ala.Civ.App.1986). … James v. Riddle, 432 So.2d 563 (Ala.Civ.App.1983).

Oliver v. HAYES INTERN. CORP.

456 So. 2d 802 · Court of Civil Appeals of Alabama · Jul 11, 1984

See, e.g., Goforth v. Hallmark Pools , 393 So.2d 989 (Ala. 1981); Mazer v. Jackson Insurance Agency , 340 So.2d 770 (Ala. 1976); Duncan v. Johnson , 338 So.2d 1243 (Ala. 1976); Ivey v. … There being no evidence of the intentional relinquishment of a known right by Hayes, see Brown-Marx Associates, Ltd. v.

M.C. West, Inc. v. Battaglia

386 So. 2d 443 · Court of Civil Appeals of Alabama · Mar 26, 1980

Osborn v. Brown , Ala., 361 So.2d 82 (1978). And, an objection to his testimony on the ground of inadequacy of facts goes to the weight of the evidence rather than its admissibility. Dyer v. … Donaldson v. Buck , Ala., 333 So.2d 786 (1976).

Ebert v. Ebert

469 So. 2d 615 · Court of Civil Appeals of Alabama · Jan 2, 1985

Pruett v. Pruett , 333 So.2d 580 (Ala.Civ.App. 1976). … Prentice v. Prentice , 440 So.2d 1091 (Ala.Civ.App. 1983); Murphy v. Murphy , 440 So.2d 564 (Ala.Civ.App. 1983).

Kuruvilla v. Red Bay Hospital

497 So. 2d 829 · Court of Civil Appeals of Alabama · Apr 9, 1986

The $6,000 was paid to him from the Hospital Operating Board Account, which is maintained by the City of Red Bay (the city). … Cotton States Mutual Insurance Co. v. Conner , 387 So.2d 125 (Ala. 1980). *Page 832 The foregoing opinion was prepared by Retired Circuit Judge EDWARD N.

Hillman v. Douglas Engineering Co.

702 So. 2d 156 · Court of Civil Appeals of Alabama · Aug 8, 1997

of such shares; rather, it provides the owner of such stock a right to demand that the corporation provide the signatures omitted from the certificates.” 18A Am.Jur.2d Corporations § 488 (1985) (citing Estate of Bridges v. … As our supreme court stated in Street v.

Borsdorf v. Mills

49 Ala. App. 658 · Court of Civil Appeals of Alabama · Mar 28, 1973

At this time the Department offered financial assistance to appellant and boarding home care for the child. Such offer was not accepted. … Jackson v. Farmer, 247 Ala. 298 , 24 So.2d 130 .

Matter of Von Goyt

461 So. 2d 821 · Court of Civil Appeals of Alabama · Nov 14, 1984

When Maude was six days old the Department of Pensions and Security obtained a voluntary boarding home agreement from Miss Von Goyt, permitting it to temporarily place Maude in a foster home. … Ezell v. Hammond , 447 So.2d 766 (Ala.Civ.App. 1984).

Families Concerned About Nerve Gas Incineration v. ADEM

826 So. 2d 857 · Court of Civil Appeals of Alabama · Jan 11, 2002

The court held that a legal opinion by counsel for the Board of Dental Examiners was an "interpretive rule." Id . In Barker v. … Center for Marine Conservation v. Brown , 917 F. Supp. 1128 , 1151 (S.D.Tex. 1996) (quoting Professionals Patients for Customized Care v.

AC v. State

888 So. 2d 518 · Court of Civil Appeals of Alabama · Feb 13, 2004

In State v. … Romer v. Board of County Comm'rs of the County of Pueblo, 956 P.2d 566, 581 (Colo.1998) (Kourlis, J., dissenting)(emphasis added [in Property at 2018 Rainbow Drive ]). See also NAACP v.

Montgomery Bridge & Engineering, Inc. v. State

440 So. 2d 1114 · Court of Civil Appeals of Alabama · Oct 26, 1983

Barber Pure Milk Co. v. Alabama State Milk Control Board , 275 Ala. 489 , 494 , 156 So.2d 351 , 355 (1963), quoting Birmingham Bar Association v. Phillips Marsh , 239 Ala. 650 , 656 , 196 So. 725 , 731 (1940). … Bush v. Greer , 235 Ala. 56 , 58 , 177 So. 341 (1937).

Bowers v. Cotton Bayou Condominiums

699 So. 2d 166 · Court of Civil Appeals of Alabama · Apr 25, 1997

See Kurn v. Counts, 247 Ala. 129, 134 , 22 So.2d 725, 729 (1945). … See Wilson v. Berry Industries Co., 451 So.2d 339, 341 (Ala.Civ.App.1984)(quoting Montgomery v. Mardis, 416 So.2d 1042 (Ala.Civ.App.1982)).

William R. Hubbell Steel Corp. v. Epperson

679 So. 2d 1131 · Court of Civil Appeals of Alabama · Mar 8, 1996

In April 1983 Epperson was the chairman of the board for Temco. William Hubbell was president of Hubbell. … Barnett Bank v. Marable , 385 So.2d 66 [, 67] (Ala.Civ.App. 1980). . . . "In Mamerow v.

Auburn Med. Center, Inc. v. State Health Agency

814 So. 2d 263 · Court of Civil Appeals of Alabama · May 11, 2001

Code, § 410-1-8-.16, before seeking judicial review of a decision of the Certificate-of-Need Review Board ("CONRB"). See Auburn Med. Ctr., Inc. v. State Health Planning & Develop. Agency, 814 So.2d 258 (Ala. 2000). … Alabama Cellular Serv., Inc. v. Sizemore, 565 So.2d 199 (Ala.1990); State Personnel Bd. v. Wallace, 659 So.2d 683 (Ala.Civ.App.1995); and Alabama State Personnel Bd. v. Brashears, 575 So.2d 1149 (Ala.Civ.App.1991).

DISPOS. SOLUTIONS-LANDFILL v. Town of Lowndesboro

837 So. 2d 292 · Court of Civil Appeals of Alabama · May 31, 2002

In Fitzjarrald v. … Davis specifically overruled Browning v.