Walden v. Smith

• Decision Date: 16 April 2004
• Citation: Walden v. Smith, 891 So.2d 837 (Ala. 2004)
• Parties: Willadean WALDEN v. Hugh V. SMITH, Jr., et al. Hugh V. Smith, Jr. v. Willadean Walden.
• Court: Alabama Supreme Court

891 So.2d 837

Willadean WALDEN v.Hugh V. SMITH, Jr., et al.

Hugh V. Smith, Jr. v.Willadean Walden.

1026.

Supreme Court of Alabama.

April 16, 2004.

David E. Hampe, Jr., Birmingham; and Gatewood Walden, Montgomery, for appellant/cross-appelleeWilladean Walen.

Alvin T. Prestwood and Linda S. Wellman of Prestwood & Associates, P.C., Montgomery, for appellee/cross-appellantHugh V. Smith, Jr.

SEE, Justice.

The only matters properly before this Court on appeal are those that address Willadean Walden's fraudulent-suppression claim (case no. 1021518).Walden, however, makes no argument on appeal related to her fraudulent-suppression claim.Walden does raise and argue in her appeal several issues that were properly raised and considered for review in her petition for the writ of certiorari, which this Court has today denied.Ex parte Walden(No. 1021373, April 16, 2004), ___ So.2d ___(Ala.2004)(table).The issues presented by Hugh Smith in his cross-appeal are properly raised and argued; however, the trial court did not err in its disposition of those issues.For these reasons, we affirm the judgment of the trial court in both Walden's appeal (case no. 1021518) and Hugh Smith's cross-appeal (case no. 1021526).

1021518 — AFFIRMED.

1021526 — AFFIRMED.

HOUSTON, BROWN, HARWOOD, and STUART, JJ., concur.