Legal Opinion

Fowler v. Oliver

Supreme Court of Alabama

Decided January 27, 1989No. 88-287PublishedCited by 4 opinions

1Opinion of the Court

James M. Oliver sued Billy Joe Fowler to recover rent that he alleged was due under a lease. The trial court, after hearingore tenus evidence, found in favor of Oliver and entered a judgment for him in the amount of $22,000. We affirm.

Fowler contends that the trial court erred in denying his motion to dismiss at the close of Oliver's case in chief, because, he argues, Oliver was not the real party in interest and, thus, had no standing to prosecute the action. Rule 17, A.R.Civ.P., in pertinent part, states that "[e]very action shall be prosecuted in the name of the real party in interest."

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2Cases cited4 opinions

  1. Robinson v. HamiltonSupreme Court of Alabama · 1986
  2. Dennis v. Magic City Dodge, Inc.Supreme Court of Alabama · 1988
  3. Scott v. SOUTHERN COACH AND BODY CO.Supreme Court of Alabama · 1967
  4. Plastone Plastic Co. v. Whitman-Webb Realty Co.Supreme Court of Alabama · 1965

3Cited by4 opinions

  1. Ex Parte RamsaySupreme Court of Alabama · 2002
  2. Leisure American Resorts, Inc. v. KnutillaSupreme Court of Alabama · 1989
  3. Parker v. WilliamsSupreme Court of Alabama · 2007
  4. Ex Parte RamsaySupreme Court of Alabama · 2002

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