Spence v. Baldwin County Sav. & Loan Ass'n
Decision Date | 23 September 1988 |
Docket Number | No. 86-1337,86-1337 |
Citation | 533 So.2d 192 |
Parties | Edwin J. SPENCE, et al. v. BALDWIN COUNTY SAVINGS AND LOAN ASSOCIATION. |
Court | Alabama Supreme Court |
L.P. Sutley of Murchison & Sutley, Foley, for appellants.
Edward S. Sledge III and Walter T. Gilmer, Jr., of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellee.
The trial court did not abuse its discretion in refusing to permit the defendants to amend their answer on the first day of trial. See Alabama Farm Bureau Mutual Casualty Co. v. Guthrie, 338 So.2d 1276 (Ala.1976).
Furthermore, the trial court did not abuse its discretion in severing the defendants' counterclaim from plaintiff's complaint. See Ex parte Marcrum, 372 So.2d 313 (Ala.1979).
Finally, the trial court did not abuse its discretion in refusing to allow a continuance of the trial because a witness was unavailable. See Perdue v. Mitchell, 373 So.2d 650 (Ala.1979).
AFFIRMED.
I concur in summarily affirming the judgment, but only because the parties filed in this Court the following stipulation:
I assume that the legal effect of the affirmance is the same as a dismissal, but I am not sure.
I believe that parties in a civil case should be allowed to settle their case and have the appeal dismissed. In 5 C.J.S. Appeal and Error, § 1354(5) (1958), the following is stated:
The same principle of law is stated by Judge Bricken in Caldwell v. Loveless, 17 Ala.App. 381, 85 So. 307 (1920):
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Dawkins v. Walker
...no practical result can follow." Breaux v. Bailey, 789 So.2d 204, 207 (Ala. 2000) (quoting Spence v. Baldwin County Sav. & Loan Ass'n, 533 So.2d 192, 193 (Ala.1988) (Maddox, J., concurring specially) (quoting Caldwell v. Loveless, 17 Ala. App. 381, 382, 85 So. 307 (1920))). Thus, the only i......
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Ex parte Hopper
...motion I have now determined was filed before this Court released its original opinion in this case. In Spence v. Baldwin County Savings & Loan Ass'n, 533 So.2d 192, 192 (Ala.1988), I concurred specially in "summarily affirming the judgment, but only because the parties filed in this Court ......
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Ex Parte State of Alabama Dept. of Revenue, 1061766.
...practical result can follow."'" Breaux v. Bailey, 789 So.2d 204, 207 (Ala.2000) (quoting Spence v. Baldwin County Sav. & Loan Ass'n, 533 So.2d 192, 193 (Ala.1988) (Maddox, J., concurring specially), quoting in turn Caldwell v. Loveless, 17 Ala.App. 381, 382, 85 So. 307, 307 For these reason......
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McClellan v. State
...has held that the mere unavailability of a witness does not require that the trial court grant a continuance. Spence v. Baldwin County Sav. & Loan Ass'n, 533 So.2d 192 (Ala.1988); Perdue v. Mitchell, supra. However, we have set out the following 'guidelines for determining whether the absen......