Opinion · Supreme Court of Alabama

Smith v. Smith

Smith v. Smith, 551 So. 2d 1024 (Ala. 1989)

Type: Opinion
Court: Supreme Court of Alabama
Jurisdiction: Alabama
Date: 1989-09-08
Topic: litigation

Citator

UpLaw has not yet analyzed Smith v. Smith. The absence of a flag is not a finding that it is good law.

Cited by: 8 opinions

SMITH v. SMITH,551 So.2d 1024(Ala. 1989)

551 So.2d 1024

Roxanne SMITH and Dewey W. Smith v. J.D. SMITH and Alabama Farm Bureau

Mutual Casualty Insurance Company, Inc.

J.D. SMITH and Alabama Farm Bureau Mutual Casualty Insurance Company, Inc.

v. Roxanne SMITH and Dewey W. Smith.

88-641, 88-782.

Supreme Court of Alabama.

September 8, 1989.

Appeal from the Circuit Court, Madison County, No. CV-88-752, C. Lynwood Smith, Jr., Judge.

J. Allen Brinkley of Brinkley, Ford, Chestnut Aldridge, Huntsville, for appellants/cross-appellees.

Raymond D. Waldrop, Jr., of Smith and Waldrop, Huntsville, for appellees/cross-appellants.

PER CURIAM.

The summary judgment in favor of the insurer, Alabama Farm Bureau Mutual Casualty Insurance Company, Inc., and its agent, J.D. Smith, and against the plaintiffs, Roxanne Smith and Dewey W. Smith, as tenants of the insured, Shirley J. Routh, is hereby affirmed on the authority ofArmstrong v. Aetna Ins.Co.,448 So.2d 353(Ala. 1983). See, also,Ranger Ins. Co. v.Hartford Steam Boiler Inspection Ins. Co.,410 So.2d 40(Ala. 1982).Page 1025

As to the cross-appeal, we hold that the trial court did not abuse its discretion in denying the defendants' motions for sanctions and for attorney fees pursuant Ala. Code 1975, §§12-19-270et seq. Therefore, that portion of the judgment challenged by the cross-appeal is affirmed.

AFFIRMED AS TO THE APPEAL; AFFIRMED AS TO THE CROSS-APPEAL.

HORNSBY, C.J., and JONES, ALMON, SHORES, ADAMS, HOUSTON, STEAGALL and KENNEDY, JJ., concur.