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12-19-273
Section 12-19-273 Court to exercise sound discretion and specifically set forth reasons for
award; factors to be considered. In determining the amount of an award of costs or attorneys'
fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys'
fees, the court shall specifically set forth the reasons for such award and shall consider
the following factors, among others, in determining whether to assess attorneys' fees and
costs and the amount to be assessed: (1) The extent to which any effort was made to determine
the validity of any action, claim or defense before it was asserted; (2) The extent of any
effort made after the commencement of an action to reduce the number of claims being asserted
or to dismiss claims that have been found not to be valid; (3) The availability of facts to
assist in determining the validity of an action, claim or defense; (4) The relative financial
position of the parties involved; (5) Whether or not the action was...
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34-4-31
Section 34-4-31 Revocation or suspension - Resulting from judgment in damage action. Whenever
any person, partnership, association or corporation claiming to have been injured or damaged
by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the part of any
licensee following the calling or engaging in the business herein described shall file an
action upon such claim against such licensee in any court of record in this state and shall
recover judgment thereon, such court may as part of its judgment in such case, if it deems
it a proper case in which to do so, revoke the defendant's license, which shall not be reissued
to such licensee except upon unanimous vote of all members of the board in favor of such reissuance
and only then after the lapse of a period of 90 days from the date of such revocation. (Acts
1973, No. 811, p. 1236, §15.)...
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41-10-396
Section 41-10-396 Powers of authority generally. The authority shall have the following powers
among others specified in this article: (1) To have succession by its corporate names until
dissolved as provided in this article; (2) To institute legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; provided that
the authority shall be considered an instrumentality of the State of Alabama and entitled
to the sovereign immunity of the state; provided further, that any claim, demand or action
against the authority, or any of its directors, officers, employees or agents arising out
of their official capacities, shall be presented to the Board of Adjustment, which shall have
exclusive jurisdiction of any such claim, demand or action; (3) To have and to use a corporate
seal and to alter the same at pleasure; (4) To make and alter all needful bylaws, rules and
regulations for the transaction of the authority's business and the control of...
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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of article,
rules, etc. Whenever it shall appear that any person is violating or threatening to violate
any provision of this article or any rule, regulation or order made under this article and
unless the board without litigation can effectively prevent further violation or threat of
violation, then the board, through the Attorney General, who may call to his assistance the
district attorney of the circuit in which civil action is instituted, shall bring in the name
of the State of Alabama against such person in the circuit court in the county of the residence
of the defendant or, if there is more than one defendant, in the circuit court of the county
of the residence of any of them or in the circuit court of the county in which such violation
is alleged to have occurred, a civil action to restrain such person from continuing such violation
or from carrying out the threat of violation. In such civil...
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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
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18-1A-91
Section 18-1A-91 Contents of answer; preliminary objections. (a) In addition to other matters
required or permitted by law, a defendant may state in an answer: (1) The nature and extent
of the interest claimed by him in the property sought to be taken; and (2) The nature of and
basis for any preliminary objections. (b) The preliminary objections may include any available
ground for objecting to the maintenance of the action, including the grounds that: (1) The
plaintiff is not lawfully entitled to take the defendant's property for the purpose described
in the complaint; (2) A mandatory condition precedent to the commencement or maintenance of
the action has not been satisfied; and (3) The probate court lacks jurisdiction of the defendant
or of the subject matter, or is not the proper venue, or the complaint or any other procedural
aspect of the action is defective, insufficient, or improper. (Acts 1985, No. 85-548, p. 802,
§502.)...
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34-21-124
Section 34-21-124 Additional powers of party state licensing boards. (a) In addition to the
other powers conferred by state law, a licensing board shall have the authority to do all
of the following: (1) Take adverse action against the multistate licensure privilege of a
nurse to practice within that party state. a. Only the home state shall have the power to
take adverse action against the license of a nurse issued by the home state. b. For purposes
of taking adverse action, the home state licensing board shall give the same priority and
effect to reported conduct received from a remote state as it would if such conduct had occurred
within the home state. In so doing, the home state shall apply its own state laws to determine
appropriate action. (2) Issue cease and desist orders or impose an encumbrance on the authority
of a nurse to practice within that party state. (3) Complete any pending investigations of
a nurse who changes his or her primary state of residence during the course...
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35-6-23
Section 35-6-23 Determination of questions of title and adjustment of equities. (a) If the
title of the plaintiffs seeking partition or sale of lands for a division shall be controverted,
or should the title or claim of any of the parties to the action be adverse to that of one
or more of the other parties, the question of title shall be tried and determined in the action
by the circuit court, which shall have power to determine all questions of title, and to remove
all clouds upon the title, if any, of the lands, whereof partition is sought and to apportion
incumbrances, if partition be made of land incumbered and it be deemed proper to do so; and
the court may adjust the equities between and determine all claims of the several cotenants
or claimants as well as the equities and claims of the incumbrancers; and may adjust, settle,
and determine all questions as to dower or curtesy as if separate proceedings had been brought
to settle and determine these questions. (b) In actions for...
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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
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6-9-254
Section 6-9-254 Lack of personal jurisdiction; recognition sought. (a) A foreign-country judgment
may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was
served with process personally in the foreign country; (2) the defendant voluntarily appeared
in the proceeding, other than for the purpose of protecting property seized or threatened
with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the
jurisdiction of the foreign court with respect to the subject matter involved; (4) the defendant
was domiciled in the foreign country when the proceeding was instituted or was a corporation
or other form of business organization that has its principal place of business in, or was
organized under the laws of, the foreign country; (5) the defendant had a business office
in the foreign country and the proceeding in the foreign court...
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