Alabama Court of Civil Appeals, 2006

Flanagan v. Estate of Mackentepe

Alabama Court of Civil Appeals · Decided June 2, 2006 · Bryan, Crawley, Pittman, Thompson, Murdock

953 So. 2d 408; 2006 Ala. Civ. App. LEXIS 304; 2006 WL 1529702 (Southern Reporter, Second Series)

Opinion of the Court

BRYAN, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(E), Ala. R.App. P.; Blackmon v. Brazil, 895 So.2d 900, 909 (Ala. 2004); Bruce v. Cole, 854 So.2d 47, 54 (Ala. 2003); Hudman v. Wesson, 792 So.2d 1113, 1115 (Ala.Civ.App. 2001); Green v. Dixon, 727 So.2d 781, 783-84 (Ala. 1998); Oehmig v. Johnson, 638 So.2d 846 (Ala. 1994), overruled on other grounds, Ex parte Liberty Nat’l Life Ins. Co., 825 So.2d 758, 764 n. 3 (Ala. 2002); Harper v. Smith, 582 So.2d 1089, 1091-92 (Ala. 1991).

This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala. Code 1975.

CRAWLEY, P.J., concurs. PITTMAN, J., concurs in the result, without writing. THOMPSON, J., dissents, with writing, which MURDOCK, J., joins.

Dissenting Opinion

THOMPSON, Judge,

dissenting.

I dissent from the no-opinion affirmance of the trial court’s summary judgment in this property dispute because I find that the affidavits submitted by the parties in this case create a genuine issue of material fact regarding Flanagan’s claim that he acquired ownership of a disputed strip of property by virtue of adverse possession. The affidavits create a conflict in the evidence that must be resolved by the fact-finder. Bruce v. Cole, 854 So.2d 47, 54 (Ala. 2003).

MURDOCK, J., concurs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.