Supreme Court of Alabama, 1979

Hardy v. Tabor

Supreme Court of Alabama · Decided April 6, 1979 · Maddox, Torbert, Faulkner, Al-Mon, Embry, Beatty, Bloodworth, Jones, Shores

369 So. 2d 561; 1979 Ala. LEXIS 2753 (Southern Reporter, Second Series)

Opinion of the Court

MADDOX, Justice.

AFFIRMED; MOTION TO STRIKE A FRIVOLOUS APPEAL AND FOR DAMAGES DENIED.

TORBERT, C: J., and FAULKNER, AL-MON, EMBRY and BEATTY, JJ., concur. BLOODWORTH, J., concurs specially. JONES and SHORES, JJ., dissent.

Concurring Opinion

BLOODWORTH, Justice

(concurring specially.)

I concur in the opinion of Justice Maddox to affirm because in this case plaintiff-ap-pellee amended his demand after appeal de novo. If plaintiff had not amended, I would hold defendant-appellant had a right to dismiss.

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