Legal Opinion

Luna v. Dominion Bank

Supreme Court of Alabama

Decided December 30, 1993No. 1921190PublishedCited by 38 opinions

1Opinion of the Court

This case arises from Terry Luna's assertion that Dominion Bank of Middle Tennessee, Inc. ("Dominion"), failed to distribute certain loan proceeds to which he claims he was entitled. Luna filed this lawsuit 18 months after he had been discharged from his debts in bankruptcy proceedings. The trial court entered a summary judgment in favor of Dominion, Union National Bank ("Union"), and Johnny Baugh.

In applying the doctrine of judicial estoppel this Court considers the relationship between the litigant and the judicial system. The doctrine applies to preclude a party from assuming a position in…

2Cases cited2 opinions

  1. Selma Foundry v. Peoples Bank & Trust Co.Supreme Court of Alabama · 1992
  2. Monroe County Oil Co., Inc. v. Amoco Oil Co.District Court, S.D. Indiana · 1987

3Cited by38 opinions

  1. Consolidated Stores, Inc. v. GargisCourt of Civil Appeals of Alabama · 1996
  2. Middleton v. Caterpillar Indus., Inc.Supreme Court of Alabama · 2007
  3. Travelers Indemnity Co. of Illinois v. Griner (In Re Griner)United States Bankruptcy Court, S.D. Alabama · 1999
  4. Chandler v. Samford UniversityDistrict Court, N.D. Alabama · 1999
  5. Jinright v. PaulkSupreme Court of Alabama · 2000

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