Clemons v. Mallett
Clemons v. Mallett
Opinion of the Court
This is a pro se appeal filed by defendant Sidney Clemons from a judgment in favor of plaintiffs Paul and Susie Mallett. The Malletts filed suit against Clemons on November 18, 1985, seeking an injunction requiring Clemons to remove a fence he had built on their property. The suit also sought damages for trespass. Clemons filed a counterclaim for abuse of process, extreme outrage, and assault.
Much of Clemons’s brief is an attempt to relitigate the description in the trial court’s order that we held to be correct on the first appeal involving these parties. Suffice it to say that once an issue is determined on appeal, it cannot be relit-igated in the trial court.
We have likewise carefully looked at each of Clemons’s pro se arguments and find each one to be without merit. Most of this case falls within the ambit of the ore tenus rule. That rule is that the judgment of the trial court based on factual findings made by the court upon ore tenus testimony will not be overturned on appeal as long as it is supported by competent evidence and is not manifestly unjust or plainly or palpably erroneous. Adams v. Adams, 346 So.2d 1146 (Ala. 1977). The judgment of the trial court is due to be affirmed.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.