Opinion

Martin v. Battistella

  • 9 So. 3d 1235
  • 2008 Ala. LEXIS 248
  • 2008 WL 5047647
Court
Supreme Court of Alabama
Filed
Nov 26, 2008
Status
Published
Author
Woodall
On the bench
Bolin, Cobb, See, Lyons, Stuart, Smith, Parker, Murdock, Woodall
Cited by
5 cases

“Damages can be awarded only where they are reasonably certain and not based upon speculation.”

How later courts described this case

  • “Damages can be awarded only where they are reasonably certain and not based upon speculation.”
  • “Goodwill is property of an intangible nature.”

Written by the judges who cited it.

The opinion

WOODALL, Justice

(dissenting).

As the trial court held, Dr. Battistella may lawfully resume the practice of veterinary medicine. If she chooses to do so, Dr. Martin, as the trial court correctly held, will be entitled to no economic damages as a matter of law. Consequently, I would affirm the summary judgment in favor of Dr. Battistella. Therefore, I respectfully dissent from the dismissal of this appeal.

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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