Legal Opinion · Concurring in part, dissenting in part

Frank Gillis, M.D. v. Joey Frazier, as of the Estate of Florine Bryant

Supreme Court of Alabama

Decided August 1, 2014No. 1120292 and 1121205Published

1Concurring in part, dissenting in part

*1135MURDOCK, Justice

(dissenting as to case no. 1121205 and concurring specially as to case no. 1120292).

I. Case No. 1121205:

Dr. Gillis’s Rule 60(b), Ala. R. Civ. P., Motion

Dr. Gillis filed a motion seeking relief under Rule 60(b)(6), Ala. R. Civ. P., from the liability aspect of the trial court’s judgment on the ground that a juror had prior knowledge of, and a bias against, Dr. Gillis not disclosed by her during voir dire. I respectfully disagree with the reasons voiced in Part II.A. of the main opinion for rejecting what I consider to be Dr. Gillis’s compelling position on this issue.6

The main…

2Cases cited41 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. Hammond v. City of GadsdenSupreme Court of Alabama · 1986
  3. Green Oil Co. v. HornsbySupreme Court of Alabama · 1989
  4. General Motors Corp. v. EdwardsSupreme Court of Alabama · 1985
  5. Acceptance Ins. Co. v. BrownSupreme Court of Alabama · 2001

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