# Traweek v. Lincoln

> Court of Civil Appeals of Alabama · October 26, 2007 · 984 So. 2d 439

URL: https://www.frixlaw.com/law-library/cases/9938853

## Case

- **Full name:** Danny L. Traweek v. John K. Lincoln, Jr., and G. Daniel Kearley.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** October 26, 2007
- **Citations:** 984 So. 2d 439; 2007 WL 3121534
- **Precedential status:** Published
- **Opinion:** Dissent by Thompson
- **Judges:** Bryan, Thompson
- **Cited by:** 4 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/9938853

## Opinion text

I respectfully dissent from the main opinion. After receiving ore tenus evidence, the trial court concluded that the restrictive covenants prohibited the placement of a mobile home on any residential lot.
"`Because the trial court heard ore tenus evidence, the trial court's findings of fact are given a presumption of correctness, and we will not reverse the trial court's judgment based on those findings of fact "unless it is clearly erroneous, without supporting evidence, manifestly unjust, or against the great weight of evidence." Odom v. Hull , 658 So.2d 442 , 444 (Ala. 1995).'"
Hipsh v. Graham Creek Estates Owners Ass'n, Inc. , 927 So.2d 846 , 848 (Ala.Civ.App. 2005). I believe that the evidence supports the conclusion reached by the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938853. Public record. Not legal advice.