34-4-33
Section 34-4-33 Revocation or suspension - Notice of appeal; decision stayed; record and complaint filed; procedures; costs. (a) Findings of the board with regard to the suspension or revocation of a license or the imposition of an administrative fine shall be final unless within 30 days after the date of the final order of the board, the applicant, or otherwise known as the accused, whether an individual or a corporation registered in Alabama, files a notice of appeal in the Circuit Court of Montgomery County. A party appealing a decision shall post a two hundred dollar ($200) appeal bond with the clerk of the circuit court. The circuit clerk shall notify the board of the appeal after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas, but the decision of the board may be stayed by the court pending the appeal. (c) The board shall within 30 days of service of the notice of appeal, or within the additional time as the court may allow, file the record...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-4-33.htm - 2K - Match Info - Similar pages
35-6-114
Section 35-6-114 When sheriff ordered to take possession of crops; forthcoming bond. (a) If, at the time of filing such application, or afterwards, any party interested in the crops, his agent or attorney, makes affidavit before the judge of probate that he has cause to believe that the crops, or any portion thereof, will be removed, sold, consumed, or destroyed before they can be divided, and gives bond, with sufficient surety, in double the value of the property to be divided, payable to the defendant or defendants, with condition to pay all costs and damages that may accrue from the wrongful filing of the application, the court shall order the sheriff to take possession of such crops, and to safely keep the same until final disposition thereof shall be made by the court, unless the other parties in interest, or some of them, give bond, with sufficient surety, to be approved by the sheriff, in double the value of the shares of those complaining, with condition for the delivery of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-114.htm - 2K - Match Info - Similar pages
45-49A-63.194
Section 45-49A-63.194 Appeals from board decisions. (a) Within 10 days after any final decision of the board, the city or any person aggrieved at the decision of the board may appeal the decision to the Circuit Court of Mobile County by filing a notice and request for an appeal with the clerk of the circuit court and serving notice of the appeal upon any member of the board. The appeal shall be heard at the earliest possible date by a judge sitting without a jury. It shall not be necessary to enter exceptions to the rulings of the board and no bond shall be required for such an appeal. (b) The circuit court appeal shall not constitute a proceeding de novo; instead, the court shall review the board's decision using the same standard of review the court uses in deciding common law writs of certiorari. (c) An appeal may be taken from any decision of the circuit court to the court of appeals or the Supreme Court of Alabama as now provided by law, under the same standard of review...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49A-63.194.htm - 1K - Match Info - Similar pages
45-8A-22.126
Section 45-8A-22.126 Claims review procedure. Within 30 days after any final decision of the retirement board, any party, including the governing body of the City of Anniston, aggrieved at the decision of the retirement board may appeal from such decision to the Circuit Court of Calhoun County. Such appeal shall be de novo and shall be heard by a judge sitting without a jury. Upon the taking of such appeal, the appellant shall serve notice thereof upon the secretary-treasurer. Such appeal shall be heard by the circuit court at the earliest possible date. No bond shall be required for such an appeal. Such an appeal shall be perfected by the appellant filing a notice thereof with the clerk of the circuit court. An appeal may be taken from any decision of the circuit court to the Court of Civil Appeals in the manner provided by law or rule, or both, for taking appeals in other cases. (Act 2012-484, p. 1349, ยง27.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-22.126.htm - 1K - Match Info - Similar pages
6-6-164
Section 6-6-164 Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff; sale of property and application of proceeds. When the claim interposed is based on a mortgage or lien, the claimant must state in his affidavit the nature of the right which he claims; and, in case such claim is sustained on the trial, the amount of it, whether then due or not, with interest to the date of the trial, must be ascertained by the jury or judge, as the case may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee or his assignee or to the lien holder the amount ascertained to be due; and in such case the property shall be sold as well for the payment of the debt secured by the mortgage or the lien, as ascertained, as for the satisfaction of the plaintiff's judgment, the proceeds of the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount so paid by him to such mortgagee or lien holder, and the claim...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-164.htm - 1K - Match Info - Similar pages
27-29-13
Section 27-29-13 Judicial review of actions by commissioner; petition for mandamus against same. (a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the commissioner pursuant to this chapter may appeal therefrom within 30 days after such action, determination, rule, or regulation is taken or issued, in accordance with the provisions of Section 27-2-32, except that the court shall conduct its review without a jury and by trial de novo; provided, however, that all the parties, including the commissioner, may stipulate that the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating. (b) The filing of an appeal pursuant to this section shall stay the application of any such rule, regulation, order, or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-29-13.htm - 1K - Match Info - Similar pages
35-4-136
Section 35-4-136 Record of termination of action; microfilm. Where the action, proceeding, or levy, notice of which has been entered in the lis pendens record, shall be terminated, whether on the merits or not, the court wherein the same was pending may direct the judge of probate who has custody of the record to make such entry thereof as he shall prescribe, to give notice of the result of the action, proceeding, or levy and of the devolution of the land, and the judge of probate shall at once, on presentation thereof, file and record an entry and note the date of filing and recording on the record; provided, that where an application has been made for an order of condemnation of land, or any interest therein, the probate judge shall make such entry on his own motion. The officer or party filing such notice must, within 30 days after demand, enter on the margin of the record of the same satisfaction of such claim under the lis pendens notice whenever the same shall have been fully...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-136.htm - 1K - Match Info - Similar pages
6-6-593
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court or jury. (a) The court is at all times open for the trial of a case or the granting of orders therein. The summons shall be returnable 10 days from the date of issuance, and if five days' service is not had before such return day, the summons is returnable to the first day after the expiration of five days after such service. If such return day shall be a day of any regular or special session of the court, the case stands for trial on the next day after the return day, unless good cause shall be shown for further delay; but if such return day does not fall within a regular or special session, the judge must fix a day for the hearing, of which the clerk must notify the parties or their attorneys; and on such day the case may be tried or, for good cause shown or by consent of parties and the approval of the court, may be continued to another day. (b) The case specified in this section must be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-593.htm - 1K - Match Info - Similar pages
11-70-2
Section 11-70-2 Initiation and notice of action. (a) Class 2 municipalities may initiate an expedited quiet title and foreclosure action under this chapter against a parcel of tax sale property located within its municipal limits and purchased by the municipality. The municipality shall record, in the office of the judge of probate in the county in which the property is located, a notice of its intention to file an expedited quiet title and foreclosure action. The notice shall include a legal description of the property, street address of the property if available, a statement that the property is subject to expedited quiet title and foreclosure proceedings under this chapter, and a statement that those proceedings may extinguish any legal interests in the property. As used herein, interested parties shall mean the owner, his or her heirs or personal representatives, any mortgagee or purchaser of the subject property or any part thereof, and any party with an interest in the property,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-2.htm - 2K - Match Info - Similar pages
35-11-454
Section 35-11-454 Release, etc., of lien. (a) Whenever a notice of lien has been filed with the office of the judge of probate and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker's written agreement, the broker shall record a written release or satisfaction of the lien, in the appropriate records of the office of the judge of probate and shall furnish a copy of the recorded release or satisfaction to the owner. (b) Upon written demand of the owner, lienee, or authorized agent served on the broker claiming the lien requiring that suit be commenced to enforce the lien or answer be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within 60 days thereafter, or the lien shall be extinguished. Service of such demand shall be in the manner provided by the Alabama Rules of Civil Procedure for the service of a summons and complaint. (c) Whenever a notice of lien has been timely filed in the office...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-454.htm - 2K - Match Info - Similar pages
|