Dennis v. Dobbs
| Court | Supreme Court of Alabama |
| Writing for the Court | EMBRY; TORBERT |
| Citation | 474 So.2d 77 |
| Parties | 27 Ed. Law Rep. 415 Dr. Arthur DENNIS, etc. v. Jo Ann DOBBS. 83-1239. |
| Decision Date | 28 June 1985 |
Page 77
v.
Jo Ann DOBBS.
Page 78
Edward Cunningham, Gadsden, for appellants.
Larry H. Keener of Floyd, Keener & Cusimano, Gadsden, for appellee.
EMBRY, Justice.
This is an appeal from a writ of mandamus issued by the trial court ordering Dr. Arthur Dennis, as President of Gadsden State Junior College, to reinstate Jo Ann Dobbs as student health nurse at the school, with back pay and benefits. We affirm.
Jo Ann Dobbs had been a school health nurse at Gadsden State Junior College ("Gadsden State") since 1972. Mrs. Dobbs's contract with the school was to expire on 30 September 1983. The State Board of Education Policy 614.011 states:
"All personnel (except instructors, librarians or counselors) not on continuing service status employed on a full-time basis shall be notified in writing of nonrenewal of employment on or before 120 calendar days preceding the expiration of the contract and ... failure of the employing agent to notify employee of nonrenewal presumes employment for the next contract period."
2 June 1983 was the last day Dobbs could have received notice within this 120-day limit.
Dr. Arthur Dennis, President of Gadsden State, sent Mrs. Dobbs a certified letter on
Page 79
2 June 1983 to inform her of the nonrenewal of her contract. This letter read, in part:"Dear Mrs. Dobbs:
"This letter is written pursuant to State Board of Education Policy 614.011 which requires that non-professional staff be given 120 days' notice concerning contract non-renewal. It is intended to serve as the required official prior notification that your employment contract, which terminates September 30, 1983, will not be renewed.
"Sincerely,
"s/Arthur W. Dennis
"Arthur W. Dennis
"President"
Mrs. Dobbs was not at home, however, so the post office left her a note that the letter carrier had attempted to deliver the letter. On 4 June 1983, Mrs. Dobbs called the post office and was informed that the letter was from Gadsden State. Mrs. Dobbs did not see a copy of the letter until 8 June 1983, when she saw a copy that had been sent to her husband, who was Dean of Student Services at Gadsden State. Mrs. Dobbs accepted the certified letter at the post office on 15 June 1983.
The trial court found that Mrs. Dobbs was a full-time employee and did not receive actual written notice 120 days prior to the end of her contract. The court then issued a writ of mandamus ordering Dr. Dennis, as President of Gadsden State, to reinstate Mrs. Dobbs as school nurse with back pay and benefits since 1 October 1983. We affirm.
Dennis contends that: (1) Mrs. Dobbs was not a full-time employee of Gadsden State, and therefore the 120-day notice requirement did not apply to her; and (2) Mrs. Dobbs was given constructive notice within the proper period of time.
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State v. $223,405.86, 1141044
...presented to the trial court to sustain its judgment." ’ Waltman v. Rowell, 913 So.2d 1083, 1086 (Ala.2005) (quoting Dennis v. Dobbs, 474 So.2d 77, 79 (Ala.1985) ). ‘Additionally, the ore tenus rule does not extend to cloak with a presumption of correctness a trial judge's conclusions of la......
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Johnson v. City of Mobile, 1140433.
...presented to the trial court to sustain its judgment.” ’ Waltman v. Rowell, 913 So.2d 1083, 1086 (Ala.2005) (quoting Dennis v. Dobbs, 474 So.2d 77, 79 (Ala.1985) ). ‘Additionally, the ore tenus rule does not extend to cloak with a presumption of correctness a trial judge's conclusions of la......
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Self v. Self, 2171024
...presented to the trial court to sustain its judgment." ’ Waltman v. Rowell, 913 So. 2d 1083, 1086 (Ala. 2005) (quoting Dennis v. Dobbs, 474 So. 2d 77, 79 (Ala. 1985) ). ‘Additionally, the ore tenus rule does not extend to cloak with a presumption of correctness a trial judge's conclusions o......
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Personal v. Personal, 2150225
...presented to the trial court to sustain its judgment." ’ Waltman v. Rowell, 913 So.2d 1083, 1086 (Ala. 2005) (quoting Dennis v. Dobbs, 474 So.2d 77, 79 (Ala. 1985) )."" ‘ Fadalla v. Fadalla, 929 So.2d 429, 433 (Ala. 2005)." ‘....’"...." ‘ "On appeal, the issues of alimony and property divis......
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State v. $223,405.86, 1141044
...presented to the trial court to sustain its judgment." ’ Waltman v. Rowell, 913 So.2d 1083, 1086 (Ala.2005) (quoting Dennis v. Dobbs, 474 So.2d 77, 79 (Ala.1985) ). ‘Additionally, the ore tenus rule does not extend to cloak with a presumption of correctness a trial judge's conclusions of la......
-
Johnson v. City of Mobile, 1140433.
...presented to the trial court to sustain its judgment.” ’ Waltman v. Rowell, 913 So.2d 1083, 1086 (Ala.2005) (quoting Dennis v. Dobbs, 474 So.2d 77, 79 (Ala.1985) ). ‘Additionally, the ore tenus rule does not extend to cloak with a presumption of correctness a trial judge's conclusions of la......
-
Self v. Self, 2171024
...presented to the trial court to sustain its judgment." ’ Waltman v. Rowell, 913 So. 2d 1083, 1086 (Ala. 2005) (quoting Dennis v. Dobbs, 474 So. 2d 77, 79 (Ala. 1985) ). ‘Additionally, the ore tenus rule does not extend to cloak with a presumption of correctness a trial judge's conclusions o......
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Personal v. Personal, 2150225
...presented to the trial court to sustain its judgment." ’ Waltman v. Rowell, 913 So.2d 1083, 1086 (Ala. 2005) (quoting Dennis v. Dobbs, 474 So.2d 77, 79 (Ala. 1985) )."" ‘ Fadalla v. Fadalla, 929 So.2d 429, 433 (Ala. 2005)." ‘....’"...." ‘ "On appeal, the issues of alimony and property divis......