Atkinson v. Long

This case comes to us on an appeal from a summary judgment entered by the trial court. Consequently, we must determine the appropriateness of that order under the "substantial evidence" rule. § 12-21-12, Code 1975 (1987 Cum.Supp.).

Pursuant to 1987 Ala. Acts 184, now § 12-21-12, the scintilla rule was abolished and replaced on June 11, 1987, by the "substantial evidence" rule. This case, having been filed after the effective date of the new act, is governed by the new rule.

We note that this change did not alter the procedure concerning the burden of proof on a motion for summary judgment. It…