Chichester v. First National Bank of Birmingham

This cause came on to be heard orally before the Court on appellees’ motion to dismiss the appeal under Rules 2 and 38 A.R.A.P., and after hearing the parties and carefully considering their contentions, the Court is of the opinion that the motion should be granted for the reasons that hereinafter appear.

The Court of Civil Appeals in the first appeal in this case, The First Nat. Bank of Birmingham et al. v. Chichester, 352 So.2d 1371 (Ala.Civ.App.1977) held:

“It is the opinion of the court that the legal evidence presented was insufficient to support a verdict upon any of the theories…