Vincent v. First Alabama Bank

Citation770 So.2d 97
PartiesDonald J. VINCENT v. FIRST ALABAMA BANK.
Decision Date21 April 2000
CourtAlabama Court of Civil Appeals

Robert F. Prince and Erby J. Fischer of Prince, Poole & Cross, P.C., Tuscaloosa, for appellant/cross appellee Donald J. Vincent.

Michael D. Smith, R. Cooper Shattuck, and Elizabeth F. Colwick of Hubbard, Smith, Mcllwain, Brakefield & Shattuck, Tuscaloosa, for appellee/cross appellant First Alabama Bank.

After Remand from the Supreme Court

MONROE, Judge.

On October 23, 1998, this court entered judgments affirming the judgment of the trial court in both the appeal by Donald J. Vincent and the cross-appeal by First Alabama Bank. Vincent v. First Alabama Bank, 770 So.2d 86 (Ala.Civ.App.1998). Thereafter, Donald J. Vincent filed a petition for a writ of certiorari in the Alabama Supreme Court; that court reversed this court's judgment in Donald J. Vincent's appeal and remanded the cause for further proceedings. Ex parte Vincent, 770 So.2d 92 (Ala.1999).

On remand to this court, and in compliance with the Supreme Court's opinion, the trial court's order denying Vincent's motion for a new trial is reversed, and the cause is remanded for a new trial.

ORDER DENYING VINCENT'S NEW-TRIAL MOTION REVERSED; CASE REMANDED.

ROBERTSON, P.J., and YATES, CRAWLEY, and THOMPSON, JJ., concur.

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3 cases
  • Ex parte First Alabama Bank
    • United States
    • Alabama Supreme Court
    • 12 de setembro de 2003
    ...court's order denying Vincent's new-trial motion, stating that the cause was `remanded for a new trial.' Vincent v. First Alabama Bank, 770 So.2d 97 (Ala.Civ.App.2000) (`Vincent III'). "In January 2001, after the cause had been remanded to the trial court for a new trial, the circuit judge ......
  • Ex parte First Alabama Bank, No. 1020855 (Ala. 11/21/2003)
    • United States
    • Alabama Supreme Court
    • 21 de novembro de 2003
    ...order denying Vincent's new-trial motion, stating that the cause was `remanded for a new trial.' Vincent v. First Alabama Bank, 770 So. 2d 97 (Ala. Civ. App. 2000) (`Vincent III'). "In January 2001, after the cause had been remanded to the trial court for a new trial, the circuit judge who ......
  • Vincent v. First Alabama Bank
    • United States
    • Alabama Court of Civil Appeals
    • 20 de dezembro de 2002
    ...sought certiorari review of our affirmance in Vincent I of the trial court's denial of his new-trial motion. In Ex parte Vincent, 770 So.2d 92 (Ala.1999) ("Vincent II"), the Alabama Supreme Court reversed this court's judgment affirming of the trial court's denial of Vincent's new-trial mot......

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