Legal Opinion · Dissent

Calvert v. CULLMAN COUNTY COM'N

Supreme Court of Alabama

Decided September 22, 1995No. 1931544Published

1Dissent

I concur in the result that reverses the judgment of the trial court and remands the case for trial, but I must strongly disagree with the Court's holding that "the difference between naming [a] county as a defendant and naming its governing body as a defendant is a difference in nomenclature."669 So.2d at 120.

This appeal presents the question whether a plaintiff, who, in presenting a claim against a county, named as a defendant the county commission instead of the county itself, can amend her complaint more than two months after the statute of limitations has run on the claim. Consequently,…

2Cases cited6 opinions

  1. Elmore County Com'n v. RagonaSupreme Court of Alabama · 1989
  2. Cook v. County of St. ClairSupreme Court of Alabama · 1980
  3. Health Care Authority v. Madison CountySupreme Court of Alabama · 1992
  4. UNITED HANDICAPPED, ETC. v. Nat. Bank of CommerceCourt of Civil Appeals of Alabama · 1980
  5. Taxpayers & Citizens of Lawrence County v. Lawrence CountySupreme Court of Alabama · 1962

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