# Vincent v. First Alabama Bank

> Court of Civil Appeals of Alabama · October 23, 1998 · 770 So. 2d 86

URL: https://www.frixlaw.com/law-library/cases/9933167

## Case

- **Full name:** Donald J. Vincent v. First Alabama Bank.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** October 23, 1998
- **Citations:** 770 So. 2d 86; 1998 WL 737936
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Crawley, Monroe
- **Cited by:** 5 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/9933167

## Opinion text

I must respectfully dissent from that portion of the opinion holding that the release signed by Vincent when he closed his safe-deposit boxes was ambiguous. The Bank argues that the release, which states that the Bank is released from "all liability," entitled it to a judgment as a matter of law. I agree. The release is in no way ambiguous. See, generally, Regional Health Servs., Inc. v. Hale County Hosp. Bd., 565 So.2d 109 , 111 , 113 (Ala. 1990) (discussing ambiguity in release language). A customer like Vincent signs a release when he closes his safe- deposit boxes; therefore, the customer would have no further relationship with the Bank regarding those safe-deposit boxes. The plain language of the release document releases the Bank from all liability in connection with the safe-deposit boxes; this language clearly includes any liability for past negligence regarding the now closed safe-deposit boxes. I would reverse *Page 92
the judgment and remand with instructions for the trial court to enter a judgment as a matter of law in favor of the Bank.
Thompson, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933167. Public record. Not legal advice.