Alabama Court of Civil Appeals, 2000

Spencer v. Whitson

Spencer v. Whitson
Alabama Court of Civil Appeals · Decided September 15, 2000 · Monroe, Robertson, Yates, Thompson, Crawley
777 So. 2d 159; 2000 Ala. Civ. App. LEXIS 574; 2000 WL 1300453 (Southern Reporter, Second Series)

Spencer v. Whitson

Opinion of the Court

MONROE, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App.P.; Wal-Mart Stores, Inc. v. Bowers, 752 So.2d 1201 (Ala. 1999); Gresham v. Schlumberger Indus., Inc., 656 So.2d 347 (Ala. 1995); K.S. v. Carr, 618 So.2d 707 (Ala. 1993); and Johnson v. Martin, 423 So.2d 868 (Ala.Civ.App. 1982).

The appellees request for an attorney fee on appeal is denied.

ROBERTSON, P.J., and YATES and THOMPSON, JJ., concur. CRAWLEY, J., dissents.

Dissenting Opinion

CRAWLEY, Judge,

dissenting.

Because I believe the trial court erred by submitting to the jury the plaintiffs claim for damages for mental anguish, I dissent. Even viewing the evidence in the light most favorable to Whitson, I can find no evidence indicating that the conversion was attended with words or acts of insult *160or contumely. When a party presents no evidence to support her claims, the trial court should enter a judgment as a matter of law for the adverse party. See Johnson v. Life Ins. Co. of Alabama, 581 So.2d 438, 440 (Ala. 1991).

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