Mizell v. Bates

Supreme Court of Alabama

Mizell v. Bates

435 So. 2d 1274, 1983 Ala. LEXIS 4691

CourtSupreme Court of Alabama

DecidedAugust 5, 1983

Docket81-1035

StatusPublished

This text of 435 So. 2d 1274 (Mizell v. Bates) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mizell v. Bates, 435 So. 2d 1274, 1983 Ala. LEXIS 4691 (Ala. 1983).

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Opinion

PER CURIAM.

Affirmed as to Appellee Bay Minette Church of Christ on the authority of Holliyan v. Gayle, 404 So.2d 31 (Ala.1981) (where [1275]*1275movant for summary judgment meets pri-ma facie showing as to lack of genuine issue of material fact and non-moving party fails to produce any evidence, court must grant summary judgment if movant is entitled to judgment as matter of law under undisputed facts). Affirmed as to Appellee R.C. Bates on the authority of State Farm Mutual Automobile Insurance Company v. Boyer, 357 So.2d 958 (Ala.1978) (where entire closing argument was not included in record, context of what was said insufficient to justify conclusion of improper argument).

AFFIRMED.

TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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PER CURIAM.

Affirmed as to Appellee Bay Minette Church of Christ on the authority of Holliyan v. Gayle, 404 So.2d 31 (Ala.1981) (where [1275]*1275movant for summary judgment meets pri-ma facie showing as to lack of genuine issue of material fact and non-moving party fails to produce any evidence, court must grant summary judgment if movant is entitled to judgment as matter of law under undisputed facts). Affirmed as to Appellee R.C. Bates on the authority of State Farm Mutual Automobile Insurance Company v. Boyer, 357 So.2d 958 (Ala.1978) (where entire closing argument was not included in record, context of what was said insufficient to justify conclusion of improper argument).

AFFIRMED.

TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.

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435 So. 2d 1274, 1983 Ala. LEXIS 4691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mizell-v-bates-ala-1983.

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