Case law

STATE HOME BUILDERS LIC. BD. v. Sowell

699 So. 2d 214 · Court of Civil Appeals of Alabama · Jun 20, 1997

Similarly, although we acknowledge the maxim, cited by the Board and the Fund, that "where two sections or provisions of an act are conflicting, the last in order of arrangement controls" ( Swint v. … Dep't v. Howell , 614 So.2d 1053 , 1056 (Ala.Civ.App. 1992); Employers Ins. Co. v. Johnston , 238 Ala. 26 , 32 , 189 So. 58 , 63 (1939). "The word 'residence' means 'a building used as a home.' " Waites v.

Joyner v. City of Bayou La Batre

572 So. 2d 492 · Court of Civil Appeals of Alabama · Nov 28, 1990

In its review of the Board's decision the circuit court's jurisdiction was limited to a consideration of the issues properly raised and made of record before the Board. … Ex Parte Averyt , 487 So.2d 912 (Ala. 1986); Alston v. Personnel Board , 523 So.2d 456 (Ala.Civ.App. 1988). Joyner did not do so.

Hintzel v. Chubb Life Insurance Co. of America

678 So. 2d 1140 · Court of Civil Appeals of Alabama · May 10, 1996

Melton v. Perry County Board of Education, 562 So.2d 1341 (Ala.Civ.App.1990). The party moving for a summary judgment has the burden of negating the existence of a genuine issue of material fact. Rule 56, A.R.Civ.P. … Wilson v. Brown, 496 So.2d 756, 759 (Ala.1986). Also, mere silence does not constitute fraud, and there is no duty to disclose facts when information is not requested. Hardy v.

Rogers v. Alabama Bd. of Educ.

392 So. 2d 235 · Court of Civil Appeals of Alabama · Dec 24, 1980

Dillard are that they are authorized by § 41-5-6 of the Code of Alabama (1975) to supervise certain matters pertaining to county boards of education. We have held in Shadix v. … Alabama Independent Service Station Ass'n v. McDowell , 242 Ala. 424 , 6 So.2d 502 (3). Town of Warrior v. Blaylock , 275 Ala. 113 , 152 So.2d 661 (1963). There is no justiciable controversy between Mrs.

Dothan Progress v. State, Department of Revenue

507 So. 2d 511 · Court of Civil Appeals of Alabama · Feb 19, 1986

Western and Southern Life Insurance Co. v. State Board of Equalization, 451 U.S. 648 , 101 S.Ct. 2070 , 68 L.Ed.2d 514 (1981); Carmichael v. … Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868 , 81 L.Ed. 1245 (1937); National Motor Fleets, Inc. v. Brown, 282 Ala. 572 , 213 So.2d 570 (1968). This case is due to be and is affirmed. AFFIRMED.

Payne v. Williams

678 So. 2d 1118 · Court of Civil Appeals of Alabama · Apr 19, 1996

At the time of trial, the tuition, room, board, books, and fees at Montevallo amounted to $8001 per year. … Brown v. Short , 588 So.2d 468 (Ala.Civ.App. 1991)." Entrekin v. Entrekin , 627 So.2d 955 , 957 (Ala.Civ.App. 1993).

State Oil and Gas Bd. of Alabama v. Anderson

510 So. 2d 250 · Court of Civil Appeals of Alabama · Feb 18, 1987

Hughes v. Jefferson County Board of Education , 370 So.2d 1034 (Ala.Civ.App. 1979). … We note that in the case of Dawson v.

Gadsden Bd. of Adj. v. Vfw Post 8600

511 So. 2d 216 · Court of Civil Appeals of Alabama · Jul 1, 1987

Ex parte Chapman , 485 So.2d 1161 ; Martin v. Board of Adjustment , 464 So.2d 123 (Ala.Civ.App. 1985); Alabama Farm Bureau Mutual Casualty Insurance Co. v. … Board of Adjustment , 470 So.2d 1234 (Ala.Civ.App. 1985); Sanders v. Board of Adjustment , 445 So.2d 909 (Ala.Civ.App. 1983).

Marshall Durbin & Co. of Jasper v. Alabama Department of Environmental Management

537 So. 2d 499 · Court of Civil Appeals of Alabama · Dec 21, 1988

Wallace v. TEE JAYS MFG. CO., INC.

689 So. 2d 210 · Court of Civil Appeals of Alabama · Feb 28, 1997

See Raines v. Browning-Ferris Inds. of Alabama , 638 So.2d 1334 , 1337 (Ala.Civ.App. 1993). … Brown v. Whitaker Contracting Corp. , 681 So.2d 226 , 229 (Ala.Civ.App. 1996).

Berryman v. Adams

883 So. 2d 214 · Court of Civil Appeals of Alabama · Sep 26, 2003

Rau v. Rau , 429 So.2d 593 , 595 (Ala.Civ.App. 1982) (citing Coupounas v. Morad , 380 So.2d 800 (Ala. 1980)). … Williams , 276 Ala. 43 , 158 So.2d 901 (1963), and Brown v. Brown , 604 So.2d 365 (Ala. 1992). See also Frawley v. U.S. Steel Mining Co. , 496 So.2d 731 (Ala. 1986) (relying on Williams ), and Posey v. Prudential Ins.

Page v. Gulf Coast Motors

903 So. 2d 148 · Court of Civil Appeals of Alabama · Dec 30, 2004

Odom v. Hull, 658 So.2d 442, 444 (Ala.1995). Where, however, the issue is the application of law to the facts, the presumption of correctness has no application and our review is de novo. Brown v. … Fendley v. Dozier Hardware Co., 449 So.2d 1236, 1238 (Ala.1984) (citations omitted). See also Lawler v. Cook Oil Co., 640 So.2d 950, 951 (Ala.Civ.App.1994).

City of Mobile Water Service System v. Smith

637 So. 2d 885 · Court of Civil Appeals of Alabama · Sep 10, 1993

Freman v. City of Mobile, 590 So.2d 331 (Ala.Civ.App. 1991). This court’s review is limited to the record made before the Board, and the questions of law presented. Lowery v. … We are mindful that prior appellate decisions (see ergo, Williams v. Mobile County Personnel Board, 607 So.2d 268 (Ala.Civ.App. 1992); Board of Water and Sewer Commissioners of the City of Mobile v.

Johnson v. State

485 So. 2d 1185 · Court of Civil Appeals of Alabama · Feb 26, 1986

January 15, 1986]; Brown v. Alabama Department of Pensions and Security , 473 So.2d 533 (Ala.Civ.App. 1985). … Buckhalter , 484 So.2d 1119 ; Brown , 473 So.2d at 534 ; Burnett , 469 So.2d at 628 .

Moss v. Williams

747 So. 2d 905 · Court of Civil Appeals of Alabama · Oct 8, 1999

v. … See Brown v. Whitaker Contracting Corp. , supra.

Grant v. City of Mobile

50 Ala. App. 684 · Court of Civil Appeals of Alabama · Jun 6, 1973

State v. Burroughs, 285 Ala. 177 , 230 So.2d 235 ; McDonald v. Lyle, 270 Ala. 715 , 121 So.2d 885 ; Shelton v. Shelton, 248 Ala. 48 , 26 So.2d 553 ; Gaines v. Malone, 242 Ala. 595 , 7 So.2d 263 ; Coleman v. … See Jordan v. City of Mobile, supra; Edmondson v. Tuscaloosa County, 48 Ala.App. 372 , 265 So.2d 154 ; Personnel Board for Mobile County v. Bunkley, supra.

Matter of Brown

513 So. 2d 628 · Court of Civil Appeals of Alabama · Jul 15, 1987

Tyler v. Thompson, 50 Ala.App. 24 , 276 So.2d 610 (Ala.Civ.App.1973). … Kelly v. Smith, 454 So.2d 1315 (Ala.1984). In fact, the lower court’s findings are presumed correct. Kelly, supra.

Blackburn v. Lefebvre

976 So. 2d 482 · Court of Civil Appeals of Alabama · Jun 26, 2007

Although it is clear that at the time of the hearing the deck boards on the pier had been replaced, the record does not indicate which party replaced the deck boards. … See Hausman v. Brown , 201 Ala. 331 , 333 , 77 So. 993 , 995 (1918) (our supreme court has indicated that some licenses may be "in the nature of an easement, which would be irrevocable"); and Morning Call, Inc. v.

Porter v. Mobile Pulley & MacH. Works

507 So. 2d 529 · Court of Civil Appeals of Alabama · Apr 22, 1987

In Brown v. … See, Brown v. Murray Security Co. , 404 So.2d at 81 . There is no allegation in this case that claimant was not competent to understand and enter into a settlement of his claim as there was in Brown .

CITY OF DOTHAN PERSONNEL BD. v. DeVane

860 So. 2d 881 · Court of Civil Appeals of Alabama · Dec 20, 2002

In Board of County Commissioners of Washington County, Maryland v. H. … "As made clear in [ Zoning Appeals Board v.] McKinney [, 174 Md. 551 , 199 A. 540 (1938),] and subsequently in Knox v. City of Baltimore, 180 Md. 88 , 23 A.2d 15 (1941), and Adler v.