Legal Opinion
Constantine v. US Fidelity & Guar. Co.
Supreme Court of Alabama
Decided April 28, 1989No. 87-1163PublishedCited by 18 opinions
1Opinion of the Court
This is an appeal from a judgment on a directed verdict in favor of notary public Ardith Srack McMicken and her surety, United States Fidelity and Guaranty Company, Inc. ("USF G"), on the ground of "estoppel by judgment." We affirm.
Because the estoppel-by-judgment defense is based on the judgment of the Court of Civil Appeals (Constantine v. FirstAlabama Bank of Birmingham, 465 So.2d 419 (Ala.Civ.App. 1984), which adopted the trial court's findings of fact and conclusions of law, we set out the trial court's final judgment as contained in the Court of Civil Appeals' opinion:
" 'Based upon the…
2Cases cited11 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Wheeler v. First Ala. Bk. of BirminghamSupreme Court of Alabama · 1978
- Butler v. OlshanSupreme Court of Alabama · 1966
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Geer Bros., Inc. v. CrumpSupreme Court of Alabama · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian JonesCourt of Appeals for the Eleventh Circuit · 2003
- Dairyland Ins. Co. v. JacksonSupreme Court of Alabama · 1990
- Smith v. Union Bank & Trust Co.Supreme Court of Alabama · 1995
- Centre Equities, Inc. v. Tingley, Texas Court of Appeals, 3rd District (Austin)2003
- Debra L. MITCHELL, Plaintiff-Appellant, v. HUMANA HOSPITAL-SHOALS, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1991
13 more not listed; retrieve them via the Exa API.