Case law

Patton v. Werner Co.

793 So. 2d 817 · Court of Civil Appeals of Alabama · Mar 2, 2001

Brown, a board-certified otolaryngologist, testified by deposition that he had diagnosed the worker as suffering from "severe asthma" due to "prolonged exposures to chemicals such as isocyanates." Dr. … Ashurst v. State , 462 So.2d 999 , 1006 (Ala.Crim.App. 1984) (quoting German v. State , 429 So.2d 1138 , 1143 (Ala.Crim.App. 1982)). Cf.

Gulf Shores Plantation Condominium Ass'n v. Resort Conference Centre Board of Directors

184 So. 3d 1040 · Court of Civil Appeals of Alabama · Jun 19, 2015

West v. Founders Life Assur. Co. of Fla., 547 So.2d 870, 871 (Ala.1989).’” “Prince v. Poole, 935 So.2d 431, 442 (Ala.2006) (quoting Dow v. Alabama Democratic Party, 897 So.2d 1035, 1038-39 (Ala.2004)).” Brown v. W.P. … See, e.g., Sims v. Etowah County Board of Education, 337 So.2d 1310 (Ala.1976); Montgomery Water Works and Sanitary Sewer Board v. Norman, 282 Ala. 41 , 208 So.2d 788 (1968); Broyles v.

City of Dothan Personnel Bd. v. Herring

612 So. 2d 1231 · Court of Civil Appeals of Alabama · Oct 30, 1992

At the outset we note that review by the circuit court in cases such as this is, in effect, that of certiorari and is limited to the record made before the Board. City of Mobile v. … Any determination as to the weight and credibility of the evidence and any inferences drawn therefrom were to be made by the Board. Williams v. City of Dothan Personnel Board , 579 So.2d 1350 (Ala.Civ.App. 1991).

Head v. Thistle Construction Co.

572 So. 2d 1273 · Court of Civil Appeals of Alabama · Dec 13, 1989

McMullin v. AmSouth Bank, 512 So.2d 1382 (Ala.Civ.App.1987). The moving party bears the burden of proof. Jones v. Newton, 454 So.2d 1345 (Ala.1984), and Shades Ridge Holding Co. v. … Brown v. Gamble, 537 So.2d 476 (Ala.1989). I Appellants first contend that Thistle failed to meet the requirements of Rule 56(e) and were not entitled to summary judgment.

Ex Parte Arlington Properties, Inc., 2090038 (ala.civ.app. 11-4-2011)

83 So. 3d 516 · Court of Civil Appeals of Alabama · Nov 4, 2011

Brown then petitioned the Alabama Supreme Court for a writ of cer-tiorari to review this court’s opinion. … Ex parte Brown, 83 So.3d 512, 516 (Ala.2011). Accordingly, in compliance with the supreme court’s opinion, we hereby quash the writ of mandamus issued by this court on March 26, 2010. WRIT QUASHED.

White v. Jasper City Bd. of Educ.

644 So. 2d 16 · Court of Civil Appeals of Alabama · Jun 3, 1994

On May 2, 1993, White's counsel telephoned the Board's counsel, requesting that the Board agree to certain stipulations. … Selby v. Money , 403 So.2d 218 (Ala. 1981). "No wrongful motive or intent is necessary to show willful conduct." Selby .

$1,113.77 US Currency v. State, Escambia Cty.

606 So. 2d 151 · Court of Civil Appeals of Alabama · May 22, 1992

After a careful review of the record, including the "Prisoners Cash Receipt" which stated the money would be returned to Brown, we hold that Brown's motion should have been granted. … This collateral action did not meet the promptness requirement of § 20-2-93 (c), Code 1975, and deprived Brown of due process of law. Adams v. State ex rel. Whetstone , 598 So.2d 967 (Ala.Civ.App. 1992).

Branch v. Greene County Bd. of Educ.

533 So. 2d 248 · Court of Civil Appeals of Alabama · Aug 19, 1988

Marsh v. Birmingham Board of Education , 349 So.2d 34 (Ala. 1977). … Thornton v. Pugh , 491 So.2d 259 (Ala.Civ.App. 1986).

Thornton v. Elmore County Bd. of Educ.

882 So. 2d 855 · Court of Civil Appeals of Alabama · Dec 5, 2003

The background of the case is discussed in Elmore County Board of Education v. Thornton , 839 So.2d 658 (Ala.Civ.App. 2002). … Bd. v. Akers , 797 So.2d at 424 .

Coleman v. ALA. ALCOHOLIC BEV. CONTROL BD.

465 So. 2d 1158 · Court of Civil Appeals of Alabama · Jan 9, 1985

Little Caesar's, Inc. v. Alabama Alcoholic Beverage Control Board , 386 So.2d 224 (Ala.Civ.App. 1979), rev'd on other grounds , 386 So.2d 228 (Ala. 1980). … Alabama Board of Nursing v. Herrick , 454 So.2d 1041 (Ala.Civ.App. 1984). There is no issue raised in this case as to the legality of the evidence, the question being the sufficiency thereof.

Alabama Board of Heating, Air Conditioning, and Refrigeration Contractors v. Elijah Blanchard (Appeal from Jefferson Circuit Court: CV-20-901357).

Court of Civil Appeals of Alabama · Jul 12, 2024

The [air conditioning] quit working last week and I placed a service call with Brown Heating and Cooling. … was waived); and Black Bear Sols. v.

Nelson v. Etowah County Bd. of Educ.

703 So. 2d 413 · Court of Civil Appeals of Alabama · Aug 15, 1997

Nelson v. Etowah County Board of Education , 607 So.2d 1257 (Ala.Civ.App. 1991). … Ass'n v. Board of Trustees of the University of Alabama , 374 So.2d 258 , 261 (Ala. 1979) (citations omitted).

Ponder v. Lake Forest Property Owners Ass'n.

214 So. 3d 339 · Court of Civil Appeals of Alabama · Jun 26, 2015

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

Estill v. ALABAMA STATE TENURE COM'N

650 So. 2d 890 · Court of Civil Appeals of Alabama · Jun 10, 1994

Brown, Asst. Atty. Gen., for appellee. Alabama Supreme Court 1931574. ROBERTSON, Presiding Judge. … McWhorter v. State ex rel. Baxley, 359 So.2d 769 (Ala.1978).

Alabama State Univ. v. State Bd. of Adjustment

541 So. 2d 567 · Court of Civil Appeals of Alabama · Mar 22, 1989

Anderson v. Mullins , 281 Ala. 609 , 206 So.2d 856 (1967); Barber Pure Milk Co. v. Alabama State Milk Control Board , 274 Ala. 563 , 150 So.2d 693 (1963). … Sarradett v. University of South Alabama Medical Center , 484 So.2d 426 (Ala. 1986). Thus, Pressley's only avenue for relief was exclusively with the State of Alabama Board of Adjustment. Section 41-9-62 (a)(5), Ala.

Flowers v. Alcoholic Beverage Control Bd.

627 So. 2d 415 · Court of Civil Appeals of Alabama · Mar 19, 1993

Starlite Lounge, Inc. v. Alabama Alcoholic Beverage Control Board , 603 So.2d 1107 (Ala.Civ.App. 1992). … v.

Ex Parte Bd. for Reg. of Architects

574 So. 2d 53 · Court of Civil Appeals of Alabama · Dec 19, 1990

Munger (applicant) filed a complaint in the Circuit Court of Madison County against the State Board for Registration of Architects and its members (board), following the board's refusal to issue him a certificate of registration … Segars v. Segars , 333 So.2d 155 (Ala.Civ.App. 1976). Furthermore, a transfer of venue is not authorized except for improper venue. Ex parte Water Works Bd. of Gulf Shores , 508 So.2d 242 (Ala. 1987).

Colburn v. Tuscaloosa County Bd. of Educ.

688 So. 2d 881 · Court of Civil Appeals of Alabama · Feb 14, 1997

Colbert County Board of Education v. Johnson , 652 So.2d 274 , 275-76 (Ala.Civ.App. 1994). The facts are undisputed. In May 1994, Colburn was at fault in wrecking her school bus; the wreck caused over $6,000 in damage. … Heath v. Alabama State Tenure Comm'n , 401 So.2d 68 (Ala.Civ.App.), cert. den., 401 So.2d 72 (Ala. 1981).

Squires v. City of Saraland

960 So. 2d 651 · Court of Civil Appeals of Alabama · Nov 23, 2005

Marvin's, Inc. , supra; Richard Brown Auction Real Estate, Inc. v. Brown , 583 So.2d 1313 (Ala. 1991); Smith v. Style Advertising, Inc. , 470 So.2d 1194 (Ala. 1985)." Analysis I. … Co. v.

Horn v. State Bd. of Examiners in Counseling

689 So. 2d 93 · Court of Civil Appeals of Alabama · Aug 2, 1996

As we stated in Delavan v. Board of Dental Examiners , 620 So.2d 13 , 16 (Ala.Civ.App. 1992): "It is well settled in Alabama that due process must be observed by all boards, as well as the courts. … See Evans v. State Board of Chiropractic Examiners , 662 So.2d 262 (Ala.Civ.App. 1994); Withrow v. Larkin , 421 U.S. 35 , 95 S.Ct. 1456 , 43 L.Ed.2d 712 (1975).