Opinion

Brown v. Blount's Exterminating Co., Inc.

694 So. 2d 8
1997 Ala. Civ. App. LEXIS 231
1997 WL 127232

Court: Court of Civil Appeals of Alabama
Filed: Mar 21, 1997
Status: Published
Author: Crawley
On the bench: Monroe, Robertson, Yates, Crawley, Thompson
Cited by: 2 cases

The opinion

CRAWLEY, Judge,

dissenting.

I dissent because the Browns failed to submit substantial evidence in opposition to the exterminator’s motion for summary judgment. Mrs. Brown’s deposition testimony and her brother’s affidavit did not contain substantial evidence (1) that the damage to the porch was caused by termites and (2) as required by the terms of the termite bond contract, that “[the] new termite damage [was] found (where termites are alive) during [annual] reinspection.” Rule 56(e)(3), Ala. R.Civ.P.

THOMPSON, J., concurs.

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