Case law

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  • Bluffs Owners Ass'n, Inc. v. Adams

    897 So. 2d 375 · Court of Civil Appeals of Alabama · Oct 1, 2004

    Pryor v. Brown Root USA, Inc. , 674 So.2d 45 , 47 (Ala. 1995); Bussey v. John Deere Co. , 531 So.2d 860 , 862 (Ala. 1988). … Millican v. McKinney , 886 So.2d 841 , 843 (Ala.Civ.App. 2003) (quoting West v. Founders Life Assurance Co. of Florida , 547 So.2d 870 , 871 (Ala. 1989)).

    Cited 4 timesPublished
  • Edwards v. Hanger

    197 So. 3d 993 · Court of Civil Appeals of Alabama · Nov 13, 2015

    Hill v. Hawkins, 582 So.2d 1105, 1106 (Ala.1991); Crosby v. Avon Products, Inc., 474 So.2d 642, 644 (Ala.1985); and State v. Horton, 373 So.2d 1096, 1097 (Ala.1979). … Smith v. Wilcox County Board of Education, 365 So.2d [659,] 661 [ (Ala;i978) ]. See, e.g., Boazman v. Economics Laboratory, Inc., 537 F.2d 21Ó' (5th Cir.1976); Pond v. Braniff Airways, 453 F.2d 347 (5th Cir.1972).

    Cited 1 timesPublished
  • A.B. v. J.B.

    40 So. 3d 723 · Court of Civil Appeals of Alabama · Dec 18, 2009

    In P.Y.W. v. … Brown v. Brown, 719 So.2d 228 (Ala.Civ.App.1998) (awarding retroactive child support for the one-year period preceding the divorce hearing but after the complaint for divorce had been filed).

    Cited 25 timesPublished
  • State Department of Revenue v. Omni Studio, LLC

    222 So. 3d 367 · Court of Civil Appeals of Alabama · Apr 29, 2016

    State v. American Tobacco Co., 772 So.2d 417, 419 (Ala.2000) (citing Ex parte Graham, 702 So.2d 1215 (Ala. 1997), and Beavers v. County of Walker, 645 So.2d 1365 (Ala.1994)).’ ” State Dep’t of Revenue v. … See, Lee Optical Company of Alabama v. State, Board of Optometry, [ 288 Ala. 338 ,] 261 So.2d 17 [ (1972) ]. “T agree with Justice Jones’ dissent in Alabama Board of Optometry v.

    Cited 3 timesPublished
  • Barnett v. Norfolk Southern Railway Co.

    671 So. 2d 718 · Court of Civil Appeals of Alabama · Oct 13, 1995

    Adams v. Coffee County, 596 So.2d 892 (Ala.1992); Electric Serv. Co. of Montgomery v. Dyess, 565 So.2d 244 (Ala.1990). … Alewine v. Southern Ry., 531 So.2d 315 (Ala.1988).

    Cited 5 timesPublished
  • Ex Parte Rives

    511 So. 2d 514 · Court of Civil Appeals of Alabama · Mar 19, 1986

    United States v. Grinnell Corp. , [ 384 U.S. 563 , 583 , 86 S.Ct. 1698 , 1710 , 16 L.Ed.2d 778 (1966)]." Hartman v. Board of Trustees of the University of Alabama , 436 So.2d 837 , 841 (Ala. 1983). … It is thus clearly distinguishable from the case of McGough v. McGough , 47 Ala.

    Cited 17 timesPublished
  • City of Tuscaloosa v. Mountain

    448 So. 2d 962 · Court of Civil Appeals of Alabama · Apr 4, 1984

    The supreme court affirmed in Mountain v. Collins, 430 So.2d 430 (1983). Interested parties should refer to Mountain v. … See e.g., Bradley v. School Board of Richmond, 416 U.S. 696, 723 , 94 S.Ct. 2006, 2022 , 40 L.Ed.2d 476 (1974).

    Cited 1 timesPublished
  • Shoney's, Inc. v. Pasley

    711 So. 2d 1026 · Court of Civil Appeals of Alabama · Nov 14, 1997

    In State v. … Brown v. Lawrence, 632 So.2d 462 (Ala.1994). Based on the foregoing, we conclude that the judgment based on the jury verdict is due to be affirmed.

    Cited 1 timesPublished
  • Mayfield Trucking Co. v. Napier

    724 So. 2d 22 · Court of Civil Appeals of Alabama · Jun 12, 1998

    Cerrock Wire Cable Co. v. Johnson , 533 So.2d 622 (Ala.Civ.App. 1988). … The videotape showed Napier performing such strenuous tasks as swinging a bush blade, starting and using a chain saw and a lawn mower, and picking up boards.

    Cited 14 timesPublished
  • Moncrief v. Donohoe

    892 So. 2d 379 · Court of Civil Appeals of Alabama · May 2, 2003

    Wilma Corp. v. Fleming Foods of Alabama, Inc. , 613 So.2d 359 (Ala. 1993); Hanners v. Balfour Guthrie, Inc. , 564 So.2d 412 , 413 (Ala. 1990)." *Page 381 Hobson v. … Code 1975, § 12-21-12 ; Brown v. Gamble , 537 So.2d 476 , 477 (Ala. 1989) (stating that cases filed after June 11, 1987, are subject to the substantial evidence rule instead of the scintilla rule); and West v.

    Cited 3 timesPublished
  • 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).

    Cited 43 timesPublished
  • Hairrell v. Smith

    678 So. 2d 1139 · Court of Civil Appeals of Alabama · May 10, 1996

    Watkins v. Central Contracting, Inc., 603 So.2d 899 (Ala.1992). … Phillips v. Fogg, 402 So.2d 1027 (Ala.Civ.App.1981). It is also well settled that one whose own negligence contributes to proximately cause his own injury cannot recover in a negligence action. Brown v.

    Cited 0 timesPublished
  • Brabham v. American Nat. Bank of Union Springs

    689 So. 2d 82 · Court of Civil Appeals of Alabama · Mar 14, 1997

    Davis; and its attorney and board member, Louis C. Rutland. … See Dozier v. Farrior , 187 Ala. 181 , 65 So. 364 (1914); Bank of New Brockton v. Dunnavant , 204 Ala. 636 , 87 So. 105 (1920); Hayden v. Smith , 216 Ala. 428 , 113 So. 293 (1927); Kelly v.

    Cited 7 timesPublished
  • Jr v. Dam

    615 So. 2d 609 · Court of Civil Appeals of Alabama · May 22, 1992

    Hayes v. State Department of Human Resources, 563 So.2d 1035 (Ala.Civ.App.1990). … Brown v. Alabama Department of Pensions and Security, 473 So.2d 533 (Ala.Civ.App.1985).

    Cited 0 timesPublished
  • Williams v. Department of Indus. Relations

    490 So. 2d 1246 · Court of Civil Appeals of Alabama · Apr 23, 1986

    The Board of Appeals affirmed this decision, and the claimant appealed to the circuit court pursuant to § 25-4-95 . … She argues that her conduct was not "deliberate, willful, or wanton" as required by that definition of "misconduct" provided in, among other cases, Davis v.

    Cited 2 timesPublished
  • Manring v. Manring

    744 So. 2d 919 · Court of Civil Appeals of Alabama · Sep 24, 1999

    It also ordered that the husband pay $150 per month to Seth to "help defray his costs of room and board." … See Kent v.

    Cited 13 timesPublished
  • Fowler v. Employers Choice

    658 So. 2d 452 · Court of Civil Appeals of Alabama · Jun 17, 1994

    Armstrong v. Lewis & Associates Construction Co., 469 So.2d 605 (Ala.Civ.App.1984). The trial court may consider the opinion of expert witnesses, but it is not bound by such opinions. Armstrong, 469 So.2d 605 . … The third doctor who examined and treated the employee was a board-certified doctor of orthopedics. At the time that this doctor examined the employee, she was complaining of pain in her index finger and her right hand.

    Cited 2 timesPublished
  • Rich v. Colonial Ins. Co. of California

    709 So. 2d 487 · Court of Civil Appeals of Alabama · Aug 29, 1997

    Ike v. Board of School Commissioners , 601 So.2d 1014 (Ala.Civ.App. 1992). Instead, this court reviews the application of the law to the stipulated facts. Reeder v. Reagan , 590 So.2d 296 (Ala.Civ.App. 1991). … See United States Fidelity Guaranty Co. v. Lehman , 579 So.2d 585 (Ala. 1990), and Allstate Ins. Co. v. Skelton , 675 So.2d 377 (Ala. 1996).

    Cited 3 timesPublished
  • Bridges Barkley Crawford v. Andrew Martin Crawford

    Court of Civil Appeals of Alabama · Jun 26, 2026

    V. … Browning v. Browning, 626 So. 2d 649, 650 (Ala. Civ.

    Cited 0 timesPublished
  • Vesta Fire Ins. Corp. v. Sears, Roebuck & Co.

    705 So. 2d 382 · Court of Civil Appeals of Alabama · Oct 24, 1997

    Co. v. Synergy Gas, Inc. , 585 So.2d 822 (Ala. 1991). In Cincinnati Ins. , fire destroyed a home insured by Cincinnati. Within days of the fire, the company sent experts to examine the scene. … Sears and White urge us to affirm the summary judgment as to Vesta's claims, citing Capitol Chevrolet, Inc. v. Smedley , 614 So.2d 439 (Ala. 1993).

    Cited 0 timesPublished

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