Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

10/28/94 EAST COLBERT STORE v. ALABAMA ALCOHOLIC

October 28, 1994

EAST COLBERT STORE, INC.
v.
ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD ET AL.



Original Opinion of September 9, 1994, .

Certiorari Denied May 12, 1995. Released for Publication October 20, 1995.

Wright

The opinion of the court was delivered by: Wright

On Application for Rehearing

WRIGHT, Retired Appellate Judge

On application for rehearing, the ABC Board suggests that this court's opinion is based on a "misunderstanding." It asserts that we failed to take into account the "fact that East Colbert Store, Inc., never filed a Notice of Appeal or Review in either the Circuit Court or with the ABC Board itself."

While the pleading filed by East Colbert Store in the circuit court is styled "COMPLAINT," the body of the pleading clearly seeks appellate review. The label one places on a pleading is of little importance since the nomenclature of a pleading is not controlling. Rebel Oil Co. v. Pike, 473 So. 2d 529 (Ala. Civ. App. 1985).

The application for rehearing is overruled. The Rule 39(k), A.R.A.P., motion is denied.

OPINION EXTENDED; APPLICATION FOR REHEARING OVERRULED.

All the Judges concur.

19941028

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.