Estelle v. Cunningham

Court of Civil Appeals of Alabama

Estelle v. Cunningham

982 So. 2d 1090, 2007 WL 2965406

CourtCourt of Civil Appeals of Alabama

DecidedOctober 12, 2007

Docket2050217

StatusPublished

This text of 982 So. 2d 1090 (Estelle v. Cunningham) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estelle v. Cunningham, 982 So. 2d 1090, 2007 WL 2965406 (Ala. Ct. App. 2007).

Pincite

Opinion

After Remand from the Supreme Court

On certiorari review in this case, the Alabama Supreme Court overruled Owens v. Coleman, 520 So.2d 514 (Ala. 1987), Taylor v. Southern Bank Trust Co.,227 Ala. 565, 151 So. 357 (1933), and Barnett v. Boyd,22A Ala. 309, 140 So. 375 (1932) — cases that this court relied upon in our opinion affirming the trial court's summary judgment — to the extent that they "hold that a former beneficiary is precluded from challenging, on the basis of undue influence, a change by the deceased insured of the beneficiary of an insurance policy." Ex -parteEstelle, 982 So.2d 1086, 1090 (Ala. 2007). In compliance with the Supreme Court's opinion, the judgment of the trial court is hereby reversed and the cause remanded for further proceedings consistent with the Supreme Court's opinion.

REVERSED AND REMANDED WITH INSTRUCTIONS.

PITTMAN, BRYAN, THOMAS, and MOORE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

After Remand from the Supreme Court

On certiorari review in this case, the Alabama Supreme Court overruled Owens v. Coleman, 520 So.2d 514 (Ala. 1987), Taylor v. Southern Bank Trust Co.,227 Ala. 565, 151 So. 357 (1933), and Barnett v. Boyd,22A Ala. 309, 140 So. 375 (1932) — cases that this court relied upon in our opinion affirming the trial court's summary judgment — to the extent that they "hold that a former beneficiary is precluded from challenging, on the basis of undue influence, a change by the deceased insured of the beneficiary of an insurance policy." Ex -parteEstelle, 982 So.2d 1086, 1090 (Ala. 2007). In compliance with the Supreme Court's opinion, the judgment of the trial court is hereby reversed and the cause remanded for further proceedings consistent with the Supreme Court's opinion.

REVERSED AND REMANDED WITH INSTRUCTIONS.

PITTMAN, BRYAN, THOMAS, and MOORE, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

982 So. 2d 1090, 2007 WL 2965406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estelle-v-cunningham-alacivapp-2007.

Opinion

Related

Cite This Page — Counsel Stack