Legal Opinion

Smith v. Smitherman

Court of Civil Appeals of Alabama

Decided January 16, 2004No. 2020911Published

1Opinion of the Court

PITTMAN, Judge.

This appeal involves a dispute concerning whether an individual is a proper party to an action by a landowner seeking to recover unpaid rent owed by a lessee corporation.

In January 2002, Sweet Smitherman, proceeding pro se, sued Larry Smith, an individual allegedly “doing business” under the trade name “S & H Mobile Homes,” in the Chilton District Court; Smitherman alleged that Smith owed her $2,500 in unpaid rent. Smith, proceeding pro se, answered and denied liability, contending that Smitherman had unlawfully increased rent charges as to the subject property. In February…

2Cases cited3 opinions

  1. Little v. People's BankSupreme Court of Alabama · 1923
  2. Sealy v. McElroySupreme Court of Alabama · 1972
  3. Callaway v. EH Smith Elec. Contractors, Inc.Court of Civil Appeals of Alabama · 2001

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