Fowler v. Oliver
Fowler v. Oliver
Opinion
James M. Oliver sued Billy Joe Fowler to recover rent that he alleged was due under a lease. The trial court, after hearingore tenus evidence, found in favor of Oliver and entered a judgment for him in the amount of $22,000. We affirm.
Fowler contends that the trial court erred in denying his motion to dismiss at the close of Oliver's case in chief, because, he argues, Oliver was not the real party in interest and, thus, had no standing to prosecute the action. Rule 17, A.R.Civ.P., in pertinent part, states that "[e]very action shall be prosecuted in the name of the real party in interest."
Dennis v. Magic City Dodge, Inc.," '[T]he real party in interest principle is a means to identify the person who possesses the right sought to be enforced. *Page 55 Therefore, the term directs attention to whether [the] plaintiff has a significant interest in the particular action he has instituted.' "
Fowler also contends that the trial court erred in rejecting his affirmative defenses of estoppel and waiver. These defenses were based on Fowler's testimony that, during the term of the lease, Oliver had orally agreed to a reduction of the rent. Oliver testified, however, that he never agreed to a reduction of the rent. The trial court resolved this factual dispute in Oliver's favor. Where a trial court has heard ore tenus
testimony, as in this case, its judgment, if supported by that testimony, is presumed correct and will be reversed only if, after consideration of the evidence and all reasonable inferences to be drawn therefrom, the judgment is found to be plainly and palpably wrong. Robinson v. Hamilton,
For the foregoing reasons, the judgment of the trial court is affirmed.
AFFIRMED.
JONES, SHORES, ADAMS and KENNEDY, JJ., concur.
Reference
- Full Case Name
- Billy Joe Fowler v. James Oliver.
- Cited By
- 4 cases
- Status
- Published