Opinion

Hardy v. Smith

  • 148 So. 3d 64
  • 2013 WL 1490611
Court
Court of Civil Appeals of Alabama
Filed
Apr 12, 2013
Status
Published
Author
Moore
On the bench
Donaldson, Himself, Moore, Pittman, Thomas, Thompson
Cited by
1 cases
Authority
More cited than 17.2%

“‘Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully.’” (quoting Strickland v. Markos, 566 So.2d 229, 233 (Ala.1990))

How later courts described this case

  • “‘Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully.’” (quoting Strickland v. Markos, 566 So.2d 229, 233 (Ala.1990))

Written by the judges who cited it.

The opinion

On Application far Rehearing

MOORE, Judge.

On application for rehearing, Doris Hardy argues that, as to her unjust-enrichment claim, Ronald W. Smith and Nancy R. Smith should carry the burden of proving that Hardy received a benefit sufficient to offset her payments. We note, however, that “generally a plaintiff bears the burden of proving the essential elements of his [or her] claims.” Ex parte Blue Cross & Blue Shield of Alabama, 773 So.2d 475, 478 (Ala.2000). Here, Hardy has cited no legal authority contrary to the general rule. Thus, we overrule Hardy’s application for a rehearing.

APPLICATION OVERRULED.

THOMPSON, P.J., and PITTMAN and THOMAS, JJ., concur.

DONALDSON, J., recuses himself.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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