Sec. Engineers, Inc. v. Anderson, 421 So. 2d 1298 (Ala. Civ. App. 1982). · Go Syfert
Search
Sec. Engineers, Inc. v. Anderson, 421 So. 2d 1298 (Ala. Civ. App. 1982). Cases Citing This Book View Copy Cite
12 citation events (1 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Alabama Department of Public Safety v. Barbour
Ala. Civ. App. · 2008 · confidence medium
Hilley, supra (citing Tyson Foods, Inc. 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 Indus.
discussed Cited as authority (rule) Hilley v. General Motors Corp.
Ala. Civ. App. · 1999 · confidence medium
See, e.g., Cruce [v. Demarco Concrete & Block Co.], 380 So.2d [900,] 900-01 [(Ala.Civ.App.1980)] (affirming dismissal of claimant’s appeal taken to wrong county); Security Eng’rs, Inc. v. Anderson, 421 So.2d 1298, 1298-99 (Ala.Civ.App.1982) (affirming dismissal of employer’s appeal, taken to circuit court in county of claimant’s former residence, where claimant had moved to another county before appeal was taken); Pate v. Rasco, 656 So.2d 855, 856-57 (Ala.Civ.App.1995) (affirming assumption of jurisdiction by circuit court of county of claimant’s residence as of time of appeal, citin…
discussed Cited as authority (rule) Tyson Foods, Inc. v. Thompson
Ala. Civ. App. · 1998 · confidence medium
See, e.g., Cruce, 380 So.2d at 900-01 (affirming dismissal of claimant's appeal taken to wrong county); Security Eng'rs, Inc. v. Anderson, 421 So.2d 1298, 1298-99 (Ala.Civ.App.1982) (affirming dismissal of employer's appeal, taken to circuit court in county of claimant's former residence, where claimant had moved to another county before appeal was taken); Pate v. Rasco, 656 So.2d 855, 856-57 (Ala.Civ.App. 1995) (affirming assumption of jurisdiction by circuit court of county of claimant's residence *849 as of time of appeal, citing Nolin ). [1] Asserting that it "could only have known the pro…
Retrieving the full opinion text from the archive…
Security Engineers, Inc.
v.
Linda J. Anderson and Department of Industrial Relations.
Civ. 3349.
Court of Civil Appeals of Alabama.
Nov 3, 1982.
421 So. 2d 1298
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.
Cited by 9 opinions  |  Published

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 ofIndustrial 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 *Page 1299 did not file in the county in which Mrs. Anderson resides as required by § 25-4-95, and the case was correctly dismissed. We find no error in the circuit court's dismissal. We also dismiss.

APPEAL DISMISSED.

BRADLEY, J., concurs.

HOLMES, J., concurs in the result.