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

> Court of Civil Appeals of Alabama · March 21, 1997 · 694 So. 2d 8

URL: https://www.frixlaw.com/law-library/cases/7706758

## Case

- **Full name:** Kenneth E. BROWN and Linda Brown v. BLOUNT'S EXTERMINATING COMPANY, INC.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** March 21, 1997
- **Citations:** 694 So. 2d 8; 1997 Ala. Civ. App. LEXIS 231; 1997 WL 127232
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Monroe, Robertson, Yates, Crawley, Thompson
- **Cited by:** 2 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/7706758

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7706758. Public record. Not legal advice.