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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal representative
may commence an action and recover such damages as the jury may assess in a court of competent
jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere,
for the wrongful act, omission, or negligence of any person, persons, or corporation, his
or her or their servants or agents, whereby the death of the testator or intestate was caused,
provided the testator or intestate could have commenced an action for the wrongful act, omission,
or negligence if it had not caused death. (b) The action shall not abate by the death of the
defendant, but may be revived against his or her personal representative and may be maintained
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence. (c) The damages recovered are not subject to the payment of
the debts or liabilities of the testator or...
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8-19A-18
Section 8-19A-18 Civil penalties; recovery of penalties. (a) Any person who engages in any
act or practices that violate this chapter is liable for a civil penalty of up to ten thousand
dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the
following: (1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person
engaging in the violative act or practice and the director of the division by authority of
the Attorney General, and by payment of any agreed upon amount by the person against whom
the claim was filed. (3) The settlement of a claim against a person for violation of this
chapter before civil action is filed by agreement upon terms and by the payment of any settlement
amount agreed upon by the person and the director of the division by authority of the Attorney
General. (c) Upon ceasing the violative act or practice and agreeing to desist...
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8-21C-4
Section 8-21C-4 Manufacturer and dealer agreement - Termination, cancellation, etc. (a) A manufacturer
or distributor, directly or through any authorized officer, agent, or employee, may terminate,
cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the
manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer
agreement without cause, the manufacturer or distributor shall comply with Section 8-21C-5.
If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and
dealer agreement with cause, Section 8-21C-5 does not apply. (b) A manufacturer or distributor
has the burden of showing cause for terminating, canceling, or failing to renew a manufacturer
and dealer agreement with a dealer. For purposes of determining whether there is cause for
the proposed action, any of the following factors may be considered: (1) The extent of the
affected dealer's penetration in the area of sales...
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12-15-221
Section 12-15-221 Modification, extension or termination of orders of custody or probation
generally. (a) An order awarding legal custody or an order of probation made by the juvenile
court in the case of a child may be modified, revoked, or extended on motion by: (1) A child,
whose legal custody has been transferred to a department, institution, agency, or person,
requesting the juvenile court for a modification or termination of the order, alleging that
the child is no longer in need of placement or probation and the department, institution,
agency, or person has denied application for release of the child or has failed to act upon
the application within a reasonable time; or (2) A department, institution, agency, or person
vested with legal custody or responsibility for probation, requesting the juvenile court for
a modification, an extension, or a termination of the order on the grounds that the action
is in the best interests of the child or necessary to safeguard the welfare of...
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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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34-8B-8
Section 34-8B-8 Violations; penalties. After January 1, 2007, any person who undertakes or
attempts to undertake the practice of court reporting for remuneration without first having
procured a license, or who knowingly presents or files false information with the board for
the purpose of obtaining a license or who violates this chapter shall be guilty of a Class
C misdemeanor. A person who is not licensed may not bring or maintain an action to recover
fees for court reporting services that he or she performed in violation of this chapter. Whenever
it appears to the board that any court reporter has violated this chapter, the board may,
in its own name, petition the circuit court of the county in which the violation occurred
to enjoin the violation. (Act 2006-200, p. 289, §8; Act 2010-554, p. 1120, §3.)...
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7-2A-506
Section 7-2A-506 Statute of limitations. (1) An action for default under a lease contract,
including breach of warranty or indemnity, must be commenced within 4 years after the cause
of action accrued. By the original lease contract the parties may reduce the period of limitation
to not less than one year. (2) A cause of action for default accrues when the act or omission
on which the default or breach of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity
accrues (a) in the case of an indemnity against liability, when the act or omission on which
the claim for indemnity is based is or should have been discovered by the indemnified party,
or when the default occurs, whichever is later, (b) in the case of an indemnity against loss
or damage, when the person indemnified makes payment thereof. A cause of action for damages
for injury to the person in the case of consumer goods accrues...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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25-7-16
Section 25-7-16 Penalty for violations of article. If any labor organization violates any provision
of this article, it shall be penalized civilly in a sum not exceeding $1,000.00 for each such
violation, to be recovered as a penalty in the circuit court of the county in which the violation
occurred, the action being brought in the name of the State of Alabama by the district attorney
of the circuit in which the violation occurred, and it shall be the duty of the district attorney
of any circuit in which any such violation occurs to institute and prosecute such action.
The doing of any act forbidden or declared unlawful by the provisions of this article, except
where a penalty is specifically provided in this article, or the commission of any offense
declared in this article to be a misdemeanor shall constitute a misdemeanor and shall be punishable
by a fine not exceeding $500.00, by imprisonment at hard labor for not more than 12 months,
or by both. (Acts 1943, No. 298, p. 252, §18.)...
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