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)

Cases that cite this one

2 later published cases cite this decision.

Prescott v. Furouzabadi (Ala. 1986)
C & S CONST. CO., INC. v. Martin (Ala. Civ. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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