History
  • No items yet
midpage
Dennis v. Scarborough
372 So. 2d 357
| Ala. Civ. App. | 1979
|
Check Treatment
372 So. 2d 357 (1979)

Damon DENNIS, Jr.
v.
Annetta Renee SCARBOROUGH.

Civ. 1814.

Court of Civil Appeals of Alabama.

June 20, 1979.

*358 Reggie Stephens, and Michael Scheuermann, Mobile, for appellant.

Michael Gillion, Mobile, for appellee.

WRIGHT, Presiding Judge.

Plaintiff appeals from jury verdict and judgment for defendant in an action for damages arising from an automobile accident.

The issue presented is that the verdict and judgment thereon are contrary to the great preponderance of the evidence.

It continues to be the law that only error asserted and ruled upon by the trial court may be asserted on appeal. Rule 4(a)(3), ARAP. The issue of the weight of the evidence when there is a jury verdict can be raised only by a post-judgment motion. Plaintiff filed no such motion. There is no ruling of the trial court available for presentation on appeal. Woods v. Westbrook, 356 So. 2d 153 (Ala.1978); Porter v. Alabama Farm Bureau, 279 Ala. 499, 187 So. 2d 254 (1966).

The judgment below is affirmed.

AFFIRMED.

BRADLEY and HOLMES, JJ., concur.

Case Details

Case Name: Dennis v. Scarborough
Court Name: Court of Civil Appeals of Alabama
Date Published: Jun 20, 1979
Citation: 372 So. 2d 357
Docket Number: Civ. 1814
Court Abbreviation: Ala. Civ. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.