Daniels v. Ward

INGRAM, Presiding Judge.

Plaintiff filed a complaint pursuant to Ala.Code 1975, § 35-14-1, for the willful or reckless cutting of certain trees on his property. The defendant filed a motion for summary judgment, which was granted by the trial court. The plaintiff now appeals to this court.

The dispositive issue on appeal is whether the trial court erred in granting summary judgment.

At the outset, we note that, when passing on a motion for summary judgment, proof by substantial evidence is the test. Bass v. SouthTrust Bank, 538 So.2d 794 (Ala.1989). If the moving party makes a prima facie…