Richter v. Central Bank of Ala., N.A.

This appeal follows the circuit court's grant of the defendant's motions for summary judgment on the plaintiff's claim and on the defendant's counterclaim.

The appellant/plaintiff presents two issues for our consideration:

1. May evidence excludable under the provisions of the dead man's statute be considered to defeat a motion for summary judgment?

2. Is summary judgment appropriate under the facts of this case?

The first issue was recently answered unfavorably to plaintiff's position asserted here in Beddingfield v. CentralBank of Alabama, 440 So.2d 1051 (Ala. 1983), and we now reaffirm that…