Elliott v. BUD'S TRUCK AND AUTO REPAIR

The limited record discloses that in August 1993, James Elliott applied for a hearing pursuant to the Abandoned Motor Vehicle Act, Ala. Code 1975, § 32-13-4. An order was entered staying the sale of Elliott's vehicle, as apparently proposed by Bud's Truck and Auto Repair. The court set a hearing, and, following an ore tenus proceeding, it entered a final order which set aside the stay and awarded a monetary judgment against Elliott. Elliott's post-judgment motion was denied by operation of law. Elliott appeals.

The record does not contain a transcript of the testimony considered by the trial…