37-1-141
Section 37-1-141 Who may appeal; manner of taking appeal; application for supersedeas; supersedeas
bonds; collection of denied rate increases prior to final disposition of case. Either party
or any intervenor may appeal to the supreme court from the action or order of the commission
under the same rules and regulations and in the same manner and under the same conditions
as are or may be provided by law for appeals from circuit courts in other public utility cases.
Application for supersedeas may be made to the supreme court or a justice thereof. All supersedeas
bonds required shall be in the same amount, subject to the same penalties and conditions and
have the same effect as is now provided or may hereafter be provided by law in such cases.
If the appeal is by a telephone company or a public utility and supersedeas is granted, the
appellant shall be entitled to collect, subject to refund with interest, any portion of the
requested increase denied on any rate decrease directed by such...
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6-5-544
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury
advised of limitation. (a) In any action for injury whether in contract or in tort against
a health care provider based on a breach of the standard of care, the injured plaintiff and
spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain,
suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other
nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses,
including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other
lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not
seek recovery in any amount greater than the amounts described herein for noneconomic losses.
During the trial of any action neither the court nor any party shall advise or infer to the
jury that it may not return an award for noneconomic losses in excess of an...
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6-6-15
Section 6-6-15 Award - Appeals. Either party may appeal from an award under this division.
Notice of the appeal to the appropriate appellate court shall be filed within 10 days after
receipt of notice of the award and shall be filed with the clerk or register of the circuit
court where the action is pending or, if no action is pending, then in the office of the clerk
or register of the circuit court of the county where the award is made. The notice of appeal,
together with a copy of the award, signed by the arbitrators or a majority of them, shall
be delivered with the file of papers or with the submission, as the case may be, to the court
to which the award is returnable; and the clerk or register shall enter the award as the judgement
of the court. Thereafter, unless within 10 days the court shall set aside the award for one
or more of the causes specified in Section 6-6-14, the judgment shall become final and an
appeal shall lie as in other cases. In the event the award shall be set...
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5-19-26
Section 5-19-26 Appeals to circuit court from order of administrator; appeals from decision
of circuit court. (a) Any interested party or intervener may appeal an order of the administrator
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the administrator
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The administrator's findings shall be prima facie correct, but the circuit court may
hear such appeal according to its own rules and procedure, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the Administrator has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence,...
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18-1A-30
Section 18-1A-30 Expenses incidental to transfer of title; interest on award. (a) As soon as
practicable after payment of the purchase price, or payment of, or deposit in probate court,
of funds to satisfy the award in a condemnation action, whichever is earlier, the condemnor
shall pay, or reimburse the owner for, any reasonable and necessarily incurred expenses for:
(1) Recording fees, transfer taxes, and similar expenses incidental to conveying the property
to the condemnor; (2) Penalty costs for prepayment of any debt secured by a preexisting lien,
entered into or created in good faith, encumbering the property; and (3) The prorated portion
of property taxes allocable to a period after the date of vesting of title in, or the effective
date of possession of the property by the condemnor, whichever is earlier. (b) In the event
of an appeal to the circuit court, the condemnor shall pay the owner interest upon any part
of the award deposited in probate court and not made available to...
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30-3-152
Section 30-3-152 Factors considered; order without both parents' consent; presumption where
both parents request joint custody. (a) The court shall in every case consider joint custody
but may award any form of custody which is determined to be in the best interest of the child.
In determining whether joint custody is in the best interest of the child, the court shall
consider the same factors considered in awarding sole legal and physical custody and all of
the following factors: (1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions
jointly. (3) The ability of the parents to encourage the sharing of love, affection, and contact
between the child and the other parent. (4) Any history of or potential for child abuse, spouse
abuse, or kidnapping. (5) The geographic proximity of the parents to each other as this relates
to the practical considerations of joint physical...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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5-25-15
Section 5-25-15 Appeal. (a) Any interested party or intervener may appeal an order of the department
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the department
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The department's findings shall be prima facie correct, but the circuit court may hear
such appeal according to its own rules and procedures, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the department has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence, remand the proceeding to the department for further
action in conformity with the direction of the...
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27-44-18
Section 27-44-18 Stay of proceedings; reopening default judgments. All proceedings in which
the insolvent insurer is a party in any court in this state shall be stayed 180 days from
the date an order of liquidation, rehabilitation, or conservation is final to permit proper
legal action by the association on any matters germane to its powers or duties. As to judgment
under any decision, order, verdict, or finding based on default the association may apply
to have such judgment set aside by the same court that made such judgment and shall be permitted
to defend against such suit on the merits. (Acts 1982, No. 82-561, p. 922, §18; Act 2012-319,
p. 724, §1.)...
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37-4-63
Section 37-4-63 Forced sales - Appeals to circuit court. Any party shall have the right to
appeal from the order of the commission, such appeal to be governed by existing provisions
of law relating to appeals from final orders of the commission; except, that such appeal shall
be taken to the circuit court of the judicial circuit containing the greater portion, by value,
of the property to be acquired, and such appeal shall be taken within 10 days from the filing
of the order of the commission. The order of the commission shall specify the judicial circuit
in which the greater portion of the property, by value, is located, and such specification
shall be conclusive for fixing the venue of an appeal. On any such appeal, if the court shall
determine that any condition imposed by the order of the commission is unreasonable or that
the commission has erred in determining the just compensation to be paid, the court shall
proceed to enter the judgment the commission should have entered. Any...
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