Ex Parte City of Bessemer

On Rehearing

BRADLEY, Judge.

On rehearing Rhea argues that the case of McPherson v. Mims, 385 So.2d 44 (Ala.1980) requires that the circuit court judgment be affirmed. In McPherson a police officer filed a written letter of resignation to be effective prospectively. In accepting the resignation the city stated that it would be effective prospectively.

The supreme court stated that the case was governed by City of Dothan v. Lucas, 47 Ala.App. 336, 254 So.2d 341 (1971) and State ex rel. Almon v. Fowler, 160 Ala. 186, 48 So. 985 (1909). The court found that the police officer could withdraw his…