Cleveland v. Gilbert

Richard Cleveland and his father sued Abbie Cleo Gilbert as executrix of her husband's estate, based on injuries resulting from an automobile crash. The jury returned a verdict in favor of Cleveland for $4,000 and in favor of his father for $450. Cleveland appeals.

Cleveland appeals only on the basis of evidentiary error in the trial court. The law in Alabama is well settled that the party who prevailed in the trial court can appeal only on the issue of the adequacy of the damages awarded him, and the appeal can be brought only after he timely filed a motion for new trial which was overruled…