Legal Opinion

Saunders v. Florence Enameling Co., Inc.

Supreme Court of Alabama

Decided August 26, 1988No. 87-313Published

1Opinion

On application for rehearing, appellants raise several issues.

I

We set out the first one verbatim from their brief:

"First, and foremost, this is not a case where the ore tenus standard of review applies. Hundreds of pages of testimony were submitted from depositions taken outside the hearing of the trial court. As such, no presumption of correctness [of] factual determinations drawn from such testimony should apply."

In view of counsel's earnest insistence that this Court applied an improper standard of review, we have reexamined the record filed by the appellants. Our application of the…

2Cases cited3 opinions

  1. Gardiner v. WillisSupreme Court of Alabama · 1953
  2. Kendall v. KendallSupreme Court of Alabama · 1958
  3. American Ry. Express Co. v. Mobile Importing & Trading Co.Supreme Court of Alabama · 1926

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