# Hardy v. Smith

> Court of Civil Appeals of Alabama · April 12, 2013 · 148 So. 3d 64

URL: https://www.frixlaw.com/law-library/cases/4814518

## Case

- **Full name:** Doris HARDY v. Ronald W. SMITH and Nancy R. Smith Ronald W. Smith and Nancy R. Smith v. Doris Hardy
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 12, 2013
- **Citations:** 148 So. 3d 64; 2013 WL 1490611
- **Precedential status:** Published
- **Opinion:** On rehearing by Moore
- **Judges:** Donaldson, Himself, Moore, Pittman, Thomas, Thompson
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4814518

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4814518. Public record. Not legal advice.