Security Engineers, Inc. v. Anderson

Decision Date03 November 1982
Citation421 So.2d 1298
PartiesSECURITY ENGINEERS, INC. v. Linda J. ANDERSON and Department of Industrial Relations. Civ. 3349.
CourtAlabama Court of Civil Appeals

Alexander W. Jones, Jr. of Pritchard, McCall, Jones, Spencer & O'Kelley, Birmingham, for appellant.

George Cocoris, Gen. Counsel, and Frank D. Marsh, Asst. Gen. Counsel, Dept. of Indus. Relations, Montgomery, for appellees.

WRIGHT, Presiding Judge.

This is an unemployment compensation case.

The claimant, Linda J. Anderson, was discharged on April 5, 1981, by her employer, Security Engineers, Inc. (Security), for alleged misconduct and on April 7, 1981, the claimant applied for unemployment compensation. After she was denied compensation, she appealed with the Appeals Referee who reversed the Examiner's Determination. Security appealed this decision to the Alabama State Board of Appeals, which affirmed the Appeals Referee. Security elected to appeal the decision to the Walker County Circuit Court as provided by § 25-4-95, Code of Alabama 1975.

Between the time of the claim and the appeal by Security, Mrs. Anderson moved from where she resided at the time of the claim to Tuscaloosa County, where she now resides. However, during the time period in which to take appeal to the circuit court, it is uncontested that she resided in Tuscaloosa.

The requirements of § 25-4-95 are jurisdictional and failure to file in the proper county requires dismissal. Cruce v. DeMarco Concrete and Block Co., 380 So.2d 900 (Ala.Civ.App.1980); Director of the State of Alabama Department of Industrial Relations v. Nolin, 374 So.2d 903 (Ala.Civ.App.1979); Quick v. U-Totem of Alabama, 365 So.2d 1245 (Ala.Civ.App.1979). Here, Security did not file in the county...

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6 cases
  • Ex parte General Motors Corp.
    • United States
    • Alabama Supreme Court
    • February 25, 2000
    ...Concrete & Block Co. and State of Alabama Dep't of Indus. Relations, 380 So.2d 900 (Ala.Civ.App.1980); Security Engineers Inc. v. Anderson, 421 So.2d 1298 (Ala.Civ.App.1982); Tyson Foods, 719 So.2d at 848. In Nolin, the Court of Civil Appeals "Unemployment compensation is a creature of stat......
  • Hilley v. Gm
    • United States
    • Alabama Supreme Court
    • February 25, 2000
    ...Concrete & Block Co. v. State of Alabama Dep't of Indus. Relations, 380 So. 2d 900 (Ala. Civ. App. 1980); Security Engineers Inc., v. Anderson, 421 So. 2d 1298 (Ala. Civ. App. 1982); Tyson Foods, 719 So. 2d at 848 (Ala. Civ. App. 1998). In Nolin, the Court of Civil Appeals "Unemployment com......
  • Hilley v. General Motors Corp.
    • United States
    • Alabama Court of Civil Appeals
    • April 30, 1999
    ...court in several cases, such as in Cruce v. Demarco Concrete & Block Co., 380 So.2d 900 (Ala.Civ.App. 1980), Security Engineers, Inc. v. Anderson, 421 So.2d 1298 (Ala.Civ.App. 1982), and most recently in Tyson Foods, Inc. v. Thompson, 719 So.2d 847 (Ala.Civ. App.1998). In all of these cases......
  • Alabama Dept. of Public Safety v. Barbour
    • United States
    • Alabama Court of Civil Appeals
    • September 26, 2008
    ...v. Thompson, 719 So.2d 847 (Ala.Civ.App.1998); Pate v. Rasco, 656 So.2d 855, 856-57 (Ala.Civ.App.1995); Security Eng'rs, Inc. v. Anderson, 421 So.2d 1298, 1298-99 (Ala.Civ.App.1982); Cruce v. Demarco Concrete & Block Co., 380 So.2d 900 (Ala.Civ.App.1980); and Director of State Dep't of Indu......
  • Request a trial to view additional results

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