Legal Opinion

O'Conner v. Furman

Court of Civil Appeals of Alabama

Decided September 1, 2017No. 2160364Published

1Opinion of the Court

MOORE, Judge.

Paul O'Conner1 appeals from a judgment of the Wilcox Circuit Court ("the *976trial court") granting a motion for a summary judgment, see discussion, infra, filed by Herbert J. Furman, Jr., and Marian Furman.2 We reverse the trial court's judgment.

Facts and Procedural History

On September 19, 2014, O'Conner filed a complaint against the Furmans, asserting that they had trespassed on his property by cutting the timber on that property ("the civil trespass action"). O'Conner included in the complaint a description of his property on which the Furmans had allegedly cut timber. On October…

2Cases cited19 opinions

  1. Equity Resources Management, Inc. v. VinsonSupreme Court of Alabama · 1998
  2. Lee L. Saad Constr. Co. v. DPF Architects, PCSupreme Court of Alabama · 2002
  3. LLOYD NOLAND FOUNDATION v. HealthSouth Corp.Supreme Court of Alabama · 2007
  4. United States v. Joseph CalaCourt of Appeals for the Second Circuit · 1975
  5. Smith v. State Farm Mut. Auto. Ins. Co.Supreme Court of Alabama · 2006

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