Berryhill v. Mutual of Omaha Ins. Co.

Decision Date01 November 1985
Citation479 So.2d 1250
PartiesRichard BERRYHILL v. MUTUAL OF OMAHA INSURANCE COMPANY and L.R. Chapman. 84-683.
CourtAlabama Supreme Court

John L. Sims, Hartselle, for appellant.

Hobart A. McWhorter, Jr. and Braxton Schell, Jr. of Bradley, Arant, Rose & White, Birmingham, for appellees.

HOUSTON, Justice.

Richard Berryhill appeals from a summary judgment granted in favor of Mutual of Omaha Insurance Company and L.R. Chapman in this action to recover damages for the breach of an employment contract and bad faith discharge. We affirm.

The record presented to this Court on appeal does not contain the depositions and exhibits upon which the trial court based its judgment. Where all the evidence is not in the record, it will be presumed that the evidence was sufficient to sustain the verdict or judgment. City of Scottsboro v. Johnson, 436 So.2d 859 (Ala.1983); Valley Mining Corp. v. Metro Bank, 383 So.2d 158 (Ala.1980); Park v. Elliott, 282 Ala. 110, 209 So.2d 393 (1968). Therefore, the judgment is affirmed.

AFFIRMED.

TORBERT, C.J., and FAULKNER, ALMON and BEATTY, JJ., concur.

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19 cases
  • Cincinnati Ins. Co. v. Synergy Gas, Inc.
    • United States
    • Supreme Court of Alabama
    • July 26, 1991
    ...the evidence is not in the record, we presume that the evidence was sufficient to sustain the judgment. See Berryhill v. Mutual of Omaha Insurance Co., 479 So.2d 1250 (Ala.1985). We can find no abuse of discretion on the trial court's part in dismissing the plaintiffs' claims that were base......
  • Vaughan v. Oliver
    • United States
    • Supreme Court of Alabama
    • September 28, 2001
    ...not in the record, it will be presumed that the evidence was sufficient to sustain the verdict or judgment." Berryhill v. Mutual of Omaha Ins. Co., 479 So.2d 1250, 1251 (Ala.1985). See also Smith v. Smith, 596 So.2d 1 (Ala.1992); Eubanks & Eubanks, Inc. v. Colonial Pacific Leasing, 757 So.2......
  • Kaufman v. Kaufman
    • United States
    • Alabama Court of Civil Appeals
    • November 2, 2007
    ...this court must presume that the evidence not before it was sufficient to support the trial court's judgment. Berryhill v. Mutual of Omaha Ins. Co., 479 So.2d 1250, 1251 (Ala.1985); Wilkens v. Kaufman, 615 So.2d 613, 615 As we stated in our opinion on original submission, inquiries made by ......
  • Stephens v. Kathryn Nelson. Rebecca Lynn Stephens Kimbrough
    • United States
    • Alabama Court of Civil Appeals
    • September 6, 2013
    ...forth in the record on appeal, this court must presume that that evidence supported its postjudgment order. Berryhill v. Mutual of Omaha Ins. Co., 479 So.2d 1250, 1251 (Ala.1985) ( “Where all the evidence is not in the record, it will be presumed that the evidence was sufficient to sustain ......
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