Dennis v. Dobbs

• Decision Date: 28 June 1985
• Citation: 474 So.2d 77
• Parties: 27 Ed. Law Rep. 415 Dr. Arthur DENNIS, etc. v. Jo Ann DOBBS. 83-1239.
• Court: Alabama Supreme Court

Page 77

474 So.2d 77

27 Ed. Law Rep. 415

Dr. Arthur DENNIS, etc. v. Jo Ann DOBBS.

83-1239.

Supreme Court of Alabama.

June 28, 1985.

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 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.

It is the policy of this court to presume correct the findings of the trial court based upon competent evidence, when the evidence is presented ore tenus. Such findings will not be disturbed upon appeal if supported by the evidence or any reasonable inference therefrom, unless they are plainly and palpably erroneous and manifestly unjust. First Alabama Bank of Montgomery v. Coker, 408 So.2d 510 (Ala.1982); Knapp v. Knapp, 392 So.2d 527 (Ala.1980). The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presented to the trial court to sustain its judgment. First Alabama Bank of Montgomery v. Coker, supra.

We hold that the evidence was sufficient to sustain the trial court's finding that Mrs. Dobbs was a full-time employee and thus was entitled to 120 days' notice of non-renewal of her contract under State Board of Education Policy 614.011. Mrs. Dobbs testified she worked seven hours in her office on days that school was in session, with no break for lunch. The office hours for the school nurse are listed in the school catalog as 8:00 a.m. to 3:00 p.m., or seven hours. Dobbs's job description states that in addition to these office hours, she will be "on call in case of emergencies." Mrs. Dobbs testified she was often called back nights, weekends, and days between quarters by "dorm mothers" and students. She further testified that she often stayed later than...