King v. Garrett

Decision Date26 February 1993
Citation613 So.2d 1283
PartiesLopaka Lewis KING v. James S. GARRETT. 1911756.
CourtAlabama Supreme Court

Lopaka Lewis King, pro se.

James H. Evans, Atty. Gen., and Fred E. Bell, Asst. Atty. Gen., for appellee.

MADDOX, Justice.

Lopaka Lewis King appeals, pro se, from the trial court's dismissal of his complaint against James S. Garrett, a circuit judge in Jefferson County. The record King designated contains the case action summary sheet but does not contain the complaint or any other pleadings or evidence considered by the trial court. This Court is limited to a review of the record alone. Sheetz, Aiken & Aiken v. Louverdrape, Inc., 514 So.2d 797, 801 (Ala.1987); see also Allred v. Shirley, 598 So.2d 1347, 1348 (Ala.1992). If the record does not contain the matter or materials considered by the trial court, then this Court has no basis upon which to review the trial court's judgment. Smith v. Smith, 596 So.2d 1 (Ala.1992). The judgment of dismissal is, therefore, affirmed.

AFFIRMED.

HORNSBY, C.J., and SHORES, HOUSTON and KENNEDY, JJ., concur.

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10 cases
  • Zaden v. Elkus
    • United States
    • Alabama Supreme Court
    • September 12, 2003
    ...of the record alone, that is, it can consider only the evidence that was before the trial court when it made its ruling. King v. Garrett, 613 So.2d 1283 (Ala.1993); Moody v. Hinton, 603 So.2d 912 (Ala.1992)." Cowen v. M.S. Enters., Inc., 642 So.2d 453, 454-55 (Ala.1994). While the record re......
  • Lyles v. Pioneer Housing Systems, Inc.
    • United States
    • Alabama Supreme Court
    • March 14, 2003
    ...v. Regelin, 735 So.2d 454, 457 n. 1 (Ala.1999); see also Cowen v. M.S. Enters., Inc., 642 So.2d 453, 454 (Ala.1994)(citing King v. Garrett, 613 So.2d 1283 (Ala.1993); Moody v. Hinton, 603 So.2d 912 (Ala. 1992)). Although the Lyleses voluntarily dismissed their express-warranty claim before ......
  • Ex parte Campbell
    • United States
    • Alabama Supreme Court
    • July 28, 2000
    ...was before the trial court when it made its ruling." Cowen v. M.S. Enters., Inc., 642 So.2d 453, 454 (Ala.1994) (citing King v. Garrett, 613 So.2d 1283 (Ala.1993); and Moody v. Hinton, 603 So.2d 912 (Ala. Applying the foregoing law to this case, we conclude that the Court of Criminal Appeal......
  • Mullis v. Mullis
    • United States
    • Alabama Court of Civil Appeals
    • June 22, 2007
    ...was before the trial court when it made its ruling." Cowen v. M.S. Enters., Inc., 642 So.2d 453, 454 (Ala.1994) (citing King v. Garrett, 613 So.2d 1283 (Ala.1993); and Moody v. Hinton, 603 So.2d 912 (Ala.1992)). Stated another way, this court is restricted in its review to the evidence and ......
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