Legal Opinion

Fletcher v. Public Finance Co. of Alabama

Court of Civil Appeals of Alabama

Decided December 16, 1981No. Civ. 2830PublishedCited by 5 opinions

1Opinion of the Court

WRIGHT, Presiding Judge.

This case involves the “relation back” doctrine of Rule 13(c), A.R.C.P. and § 6-8-84, Code (1975). The issue arises under the following pertinent facts:

Willie D. Fletcher and his wife borrowed $1,458.87 from Public Finance Company of Alabama (Public). The note was payable in thirty-six monthly installments of $54, beginning June 3, 1973, with a maturity date of May 5, 1976, for a total of $1,944. Only $300 was ever paid on the loan. Intermittent payments were received by the lender between June 4, 1973, and June 30, 1974. The majority of the payments were late, and…

2Cases cited4 opinions

  1. Hewlett v. John Blue Employees Federal Credit UnionCourt of Civil Appeals of Alabama · 1976
  2. Olson v. OlsonCourt of Civil Appeals of Alabama · 1979
  3. Gorr Lumber Co. v. McMillanSupreme Court of Alabama · 1932
  4. Summers v. WrightSupreme Court of Alabama · 1935

3Cited by5 opinions

  1. Ex Parte FletcherSupreme Court of Alabama · 1982
  2. Bank of Hawaii v. KunimotoHawaii Intermediate Court of Appeals · 1997
  3. Ex Parte FletcherSupreme Court of Alabama · 1982
  4. Fletcher v. Public Finance Co. of Ala.Court of Civil Appeals of Alabama · 1983
  5. Fletcher v. Public Finance Co. of AlabamaSupreme Court of Alabama · 1982

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