Smith v. Glover

Supreme Court of Alabama

Smith v. Glover

526 So. 2d 23, 1988 Ala. LEXIS 211, 1988 WL 46408

CourtSupreme Court of Alabama

DecidedApril 29, 1988

Docket87-534

StatusPublished

This text of 526 So. 2d 23 (Smith v. Glover) 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.

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Smith v. Glover, 526 So. 2d 23, 1988 Ala. LEXIS 211, 1988 WL 46408 (Ala. 1988).

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Opinion

BEATTY, Justice.

This is an appeal by William Alan Smith, plaintiff, from a judgment for defendant, Lamar Glover, in a fraud action. We affirm.

The gist of plaintiffs action was that Glover had defrauded him by making misrepresentations concerning the nature, character, and prospects for advancement in the employment upon which Smith was entering. Smith testified as much. This position was directly refuted by Glover himself at the ore tenus trial without a jury. Glover’s refutation was supported by the testimony of H.C. McClendon, E.K. Howard, and Ned McHenry.

This Court has concluded that a detailed description of the evidence is unnecessary, due to the sharp dispute between the parties and the scope of this Court’s review. Our scope of review is, first, to determine if the record contains any competent evidence supporting the trial court’s judgment. Humphrey v. Humphrey, 293 Ala. 118, 300 So.2d 376 (1974). Having found from the record that such evidence is present, we must accord the trial court’s judgment a presumption of correctness, so that the judgment is reversible only if plainly and palpably wrong. Kwick Set Components, Inc. v. Davidson Industries, Inc., 411 So.2d 134 (Ala.1982). Questions of credibility and correctness of testimony are within the power of the trial court, sitting without a jury, to decide. Underwood v. Jarvis, 358 So.2d 731 (Ala.1978). Since there was evidence supporting the defendant’s denial of any misrepresentations, the trial court’s findings thereon are not plainly and palpably wrong.

Let the judgment be affirmed.

AFFIRMED.

TORBERT, C.J., and MADDOX, ALMON and HOUSTON, JJ., concur.

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BEATTY, Justice.

This is an appeal by William Alan Smith, plaintiff, from a judgment for defendant, Lamar Glover, in a fraud action. We affirm.

The gist of plaintiffs action was that Glover had defrauded him by making misrepresentations concerning the nature, character, and prospects for advancement in the employment upon which Smith was entering. Smith testified as much. This position was directly refuted by Glover himself at the ore tenus trial without a jury. Glover’s refutation was supported by the testimony of H.C. McClendon, E.K. Howard, and Ned McHenry.

This Court has concluded that a detailed description of the evidence is unnecessary, due to the sharp dispute between the parties and the scope of this Court’s review. Our scope of review is, first, to determine if the record contains any competent evidence supporting the trial court’s judgment. Humphrey v. Humphrey, 293 Ala. 118, 300 So.2d 376 (1974). Having found from the record that such evidence is present, we must accord the trial court’s judgment a presumption of correctness, so that the judgment is reversible only if plainly and palpably wrong. Kwick Set Components, Inc. v. Davidson Industries, Inc., 411 So.2d 134 (Ala.1982). Questions of credibility and correctness of testimony are within the power of the trial court, sitting without a jury, to decide. Underwood v. Jarvis, 358 So.2d 731 (Ala.1978). Since there was evidence supporting the defendant’s denial of any misrepresentations, the trial court’s findings thereon are not plainly and palpably wrong.

Let the judgment be affirmed.

AFFIRMED.

TORBERT, C.J., and MADDOX, ALMON and HOUSTON, JJ., concur.

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526 So. 2d 23, 1988 Ala. LEXIS 211, 1988 WL 46408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-glover-ala-1988.

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