Owens v. National Bank of Commerce

Decision Date20 November 1992
Citation608 So.2d 390
PartiesPatricia H. OWENS v. NATIONAL BANK OF COMMERCE. 1910952.
CourtAlabama Supreme Court

Earl Reuther of Davis & Goldberg, Birmingham, for appellant.

David O. Upshaw of Schoel, Ogle, Benton and Centeno, Birmingham, for appellee.

SHORES, Justice.

Patricia H. Owens appeals from a default summary judgment in favor of the plaintiff, National Bank of Commerce ("NBC"). We affirm.

In determining whether a summary judgment was properly entered, the reviewing court must view the evidence in a light most favorable to the nonmovant. See Turner v. Systems Fuel, Inc., 475 So.2d 539, 541 (Ala.1985); Ryan v. Charles Townsend Ford, Inc., 409 So.2d 784 (Ala.1981). A summary judgment is proper when there exists no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Rule 56, A.R.Civ.P.; King v. Breen, 560 So.2d 186 (Ala.1990). In determining whether there exists a genuine issue of material fact, this Court is limited to a consideration of the factors that were before the trial court when it ruled on the summary judgment motion. Broadmoor Realty, Inc. v. First Nationwide Bank, 568 So.2d 779 (Ala.1990). This Court may not consider matters on appeal that were not introduced into evidence before the trial court. Spradlin v. Drummond Co., 548 So.2d 1002, 1005 (Ala.1989).

The record contains no evidence that Owens responded in any way to NBC's motion for summary judgment prior to this appeal. Owens raises several issues for the first time in her appeal; she did not raise these issues before the trial court nor did she present any evidence there to support her contentions. "In reviewing the propriety of a summary judgment, this Court is limited to reviewing the same factors, the same evidence, considered by the trial court when it granted the motion." Turner, supra, at 541-42. Because none of the factors or supporting evidence was before the trial court, we may not consider them here, and we must, accordingly, affirm the judgment. The appellee's motion to strike is therefore dismissed.

MOTION DISMISSED; AFFIRMED.

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

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8 cases
  • Marler v. Lambrianakos
    • United States
    • Alabama Court of Civil Appeals
    • 28 Septiembre 2018
    ...for the first time on appeal cannot be considered. Andrews, supra ; Crest Construction, supra ; Owens v. National Bank of Commerce, 608 So.2d 390 (Ala. 1992)." Beavers v. County of Walker, 645 So.2d 1365, 1372 (Ala. 1994). See also Shiver v. Butler Cty. Bd. of Educ., 797 So.2d 1086, 1088 (A......
  • Beavers v. County of Walker
    • United States
    • Supreme Court of Alabama
    • 24 Junio 1994
    ...Issues raised for the first time on appeal cannot be considered. Andrews, supra; Crest Construction, supra; Owens v. National Bank of Commerce, 608 So.2d 390 (Ala.1992). However, "[t]he rule requiring adherence to the theory relied on below ... does not mean the parties are limited in the a......
  • City of Mobile v. Weinacker
    • United States
    • Alabama Court of Civil Appeals
    • 17 Abril 1998
    ...to appeal came too late, because the question of the city's standing was not raised in the trial court); see also Owens v. National Bank of Commerce, 608 So.2d 390 (Ala.1992); Kemp Motor Sales, Inc. v. Lawrenz, 505 So.2d 377 (Ala.1987); Pate, supra (holding that an argument not raised in th......
  • Capitol Chevrolet & Imports, Inc. v. Payne
    • United States
    • Supreme Court of Alabama
    • 12 Septiembre 2003
    ...However, because Payne raises this argument for the first time on appeal, we need not address it. See Owens v. National Bank of Commerce, 608 So.2d 390, 391 (Ala.1992). We do note, however, that the typed name "Capitol Chevrolet & Imports, Inc.," which appears on the signature line for the ......
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