Case law

Uphaus v. Charter Hosp. of Mobile

582 So. 2d 1140 · Court of Civil Appeals of Alabama · May 17, 1991

Rule 56, A.R.Civ.P.; Melton v. Perry County Board of Education , 562 So.2d 1341 (Ala.Civ.App. 1990). … Anderson v. Clark , 548 So.2d 1022 (Ala. 1989).

Personnel Bd. of State v. King

456 So. 2d 80 · Court of Civil Appeals of Alabama · Jul 25, 1984

In Hilyer v. … Compare Stewart v. Hilyer , 376 So.2d 727 (Ala.Civ.App. 1979), and Roberson v. Personnel Board , 390 So.2d 658 (Ala.Civ.App. 1980), with § 41-22-20 (k).

Thompson v. Alabama Dept. of Mental Health

477 So. 2d 427 · Court of Civil Appeals of Alabama · May 22, 1985

It may not assess the truthfulness of conflicting testimony or substitute its judgment for that of the Board. King , 456 So.2d at 82 ; Johnston v. State Personnel Board , 447 So.2d 752 (Ala.Civ.App. 1983); Beatty v. … In Green v.

Willis v. Willis

45 So. 3d 347 · Court of Civil Appeals of Alabama · Feb 26, 2010

Brown, 719 So.2d 228, 231-32 (Ala.Civ.App.1998) (An award of retroactive child support is within the trial court’s discretion.); Parrish v. … Brown v. Brown, 719 So.2d at *350 281-32. Similarly, the unique facts and circumstances of each action determine issues of property division, alimony, and visitation. Murphy v.

Edmondson v. Tuscaloosa County

48 Ala. App. 372 · Court of Civil Appeals of Alabama · Jul 19, 1972

We said in Phelps v. … Alabama Electric Cooperative v. Alabama Power Co., 278 Ala. 123 , 176 So.2d 483 .”

Roberson v. PERSONNEL BD. OF STATE OF ALA.

390 So. 2d 658 · Court of Civil Appeals of Alabama · Nov 12, 1980

In Hilyer v. … As indicated above, the board's duty under § 36-26-27 (a) is to review the employee's dismissal to determine if the reasons stated for the dismissal are sustained by evidence presented at the hearing. Hilyer v.

Phelps v. Public Service Commission

46 Ala. App. 13 · Court of Civil Appeals of Alabama · Jun 30, 1970

The Supreme Court said in Baker v. … Fountain v. Vredenburgh Saw Mill Co., 279 Ala. 68 , 181 So.2d 508 ; Thomas v. Brooks, 274 Ala. 462 , 149 So.2d 809 .

Long v. City of Athens

24 So. 3d 1110 · Court of Civil Appeals of Alabama · Jan 16, 2009

In Locke v. … In Kabua v.

Heath v. Alabama State Tenure Commission

401 So. 2d 68 · Court of Civil Appeals of Alabama · Apr 8, 1981

See generally Lewis v. Board of School Commissioners of Mobile County , 419 F. Supp. 476 (S.D.Ala. 1976). … See generally Lewis v. Board of School Commissioners of Mobile County, supra. Next Mrs.

Policemen's, Fire. Ret. F. v. Kennedy

547 So. 2d 886 · Court of Civil Appeals of Alabama · Mar 22, 1989

City of Henderson Police & Fireman Pension Board v. Riley, 674 S.W.2d 27 (Ky.Ct.App.1984). … Geller v. Department of Treasury, 53 N.J. 591 , 252 A.2d 393 (1969).

Wright v. City of Mobile

170 So. 3d 656 · Court of Civil Appeals of Alabama · Oct 24, 2014

of Education v. … We agree with Wright that the trial court could have reviewed that legal issue on appeal, see Board of Water & Sewer Comm’rs of City of Mobile v.

Arrington v. Mathis

929 So. 2d 468 · Court of Civil Appeals of Alabama · Nov 4, 2005

Co. v. Synergy Gas, Inc. , 585 So.2d 822 , 827 (Ala. 1991)." Brown v. Brown , 896 So.2d 573 , 575-76 (Ala.Civ.App. 2004). … See also McConico v. Culliver , 872 So.2d 872 , 875 n. 1 (Ala.Civ.App. 2003); and Brown v. Brown , 896 So.2d 573 , 575-76 (Ala.Civ.App. 2004).

Bacadam Outdoor Advertising, Inc. v. Kennard

721 So. 2d 226 · Court of Civil Appeals of Alabama · Aug 28, 1998

In our preliminary examination of the record in this case, we determined that the trial court's partial summary judgment did not comply with Brown v. … While we must dismiss Bacadam's appeal on this basis, we would also note that the trial court's order on remand failed to comply with Brown v. Whitaker Contracting, supra.

Chambers v. City of Birmingham

137 So. 3d 912 · Court of Civil Appeals of Alabama · Feb 22, 2013

Co. v. … See generally Freeman v. Purvis, 400 So.2d 389, 391-92 (Ala.1981). . We agree with the Board that it is not a state agency as to whose orders appellate review is governed by the AAPA. See City of Dothan Pers. Bd. v.

Sanders v. BD. OF ADJ. OF CITY OF CHICKASAW

445 So. 2d 909 · Court of Civil Appeals of Alabama · Nov 23, 1983

Civitans Care, Inc. v. Board of Adjustment , 437 So.2d 540 (Ala.Civ.App. 1983). … Civitans Care, Inc. v. Board of Adjustment , 437 So.2d 540 (Ala.Civ.App. 1983). The garage apartment in the instant case is located on a lot zoned R.2, a one- and two-family residential district.

Jefferson Cty. Bd. of Educ. v. Alabama Bd., Etc.

380 So. 2d 913 · Court of Civil Appeals of Alabama · Feb 20, 1980

380 So.2d 913 (1980) JEFFERSON COUNTY BOARD OF EDUCATION v. ALABAMA BOARD OF COSMETOLOGY, and Billie K. Jehle. Civ. 1909 and Civ. 2024. Court of Civil Appeals of Alabama. February 20, 1980. Carl E. … Alabama State Board of Optometry v. Busch Jewelry Co., 261 Ala. 479 , 75 So.2d 121 (1954).

Madison County Bd. of Educ. v. Wilson

984 So. 2d 1153 · Court of Civil Appeals of Alabama · Aug 11, 2006

Bd. v. … Ctr. v.

STATE PERSONNEL DEPT. v. Mays

624 So. 2d 194 · Court of Civil Appeals of Alabama · Mar 26, 1993

Because in this case the Board rejected the findings of the hearing officer, we note that it is well settled that the hearing officer is not a "co-equal statutory authority" with the Board. Thompson v. … Under the Board's rules and regulations, the Board may "modify, alter, set aside, or affirm" the hearing officer's findings and recommendations. State Personnel Board Rule 670-X-5-.07 . In Personnel Board v.

Freeman v. Mathers

541 So. 2d 1109 · Court of Civil Appeals of Alabama · Mar 16, 1988

Town of Mulga v. Town of Maytown, 502 So.2d 731 (Ala.1987). In the case at hand, both parties agreed that there were no factual disputes; thus the question turns on a matter of law. … apply to a public body such as this Board.

Stewart v. Hilyer

376 So. 2d 727 · Court of Civil Appeals of Alabama · Sep 12, 1979

The common law writ of certiorari is the proper means of review of a decision of the State Personnel Board. Phelps v. Public Service Commission , 46 Ala. App. 13 , 237 So.2d 499 (1970). … Phelps v. Public Service Commission, supra.