Tag Archives: reasonable conclusions

Henry D. “Butch” Binford, Circuit Judge, 20th Judicial Circuit Court of Houston County (Civil Division, Dothan) Alabama, HEARING on MOTION TO VACATE OR MODIFY on Friday, April 20, 2017, at 1:30 PM (38-CV-2015-900261.00)

Attorney Jerry Michael Blevins presented to the Court:

Seventh Wonder v. Southbound Records

and

Cassioppi v. Damico

for the proposition that Judgment should have been rendered in favor of the Plaintiff, since Defendant had failed to appear at trial
_________________________________________________
A judgment entered after one party fails to appear at trial is treated as a default judgment

See Cassioppi v. Damico, 536 So.2d 938 (Ala.1988)

(default judgment entered when defendants failed to appear at trial)

Seventh Wonder v. Southbound Records, Inc., 364 So.2d 1173 (Ala. 1978)

(parties failing to appear on the day the case was set for trial were in default);

see also,

Rule 55, Ala. R. Civ. P., Committee Comments
_________________________________________________
Alexander v. Washington
………………………………………………..
707 So.2d 254

(1997)

November 7, 1997

Court of Civil Appeals of Alabama
——————————————————————
http://www.leagle.com/decision/1997961707So2d254_1945/ALEXANDER%20v.%20WASHINGTON
_________________________________________________
Judge Henry D. “Butch” Binford asked if prior case law addressed Liability (Damages)

Lawyer Jerry Michael Blevins presented to the Court:
_________________________________________________
“When the facts are such that all reasonable conclusions to be drawn from them are the same, they present a mere question of law for the court”
_________________________________________________
Western Union Telegraph Co. v. Perry
………………………………………………..
3 Ala. App. 247

(1911)
——————————————————————
As cited in:

Batson v. Birmingham Trust

241 Ala. 629 (1941)

4 So.2d 307

6 Div. 675

October 16, 1941

Alabama Supreme Court

https://www.courtlistener.com/opinion/3251262/batson-v-birmingham-trust-savings-co/
_________________________________________________
When the facts are admitted or are undisputed, and are such that men of ordinary intelligence may reasonably differ with each other as to the conclusion to be drawn from them, such facts, as a general proposition, present matters for the determination of the jury, and not a mere question of law for the court

It is only when the facts are such that all reasonable conclusions to be drawn from them are the same that they present a mere question of law for the court
_________________________________________________
Batson v. Birmingham Trust
………………………………………………..
241 Ala. 629

(1941)

4 So.2d 307

6 Div. 675

October 16, 1941

Alabama Supreme Court
——————————————————————
https://www.courtlistener.com/opinion/3251262/batson-v-birmingham-trust-savings-co/
_________________________________________________
_________________________________________________
Henry D. “Butch” Binford, Circuit Judge, 20th Judicial Circuit Court of Houston County (Civil Division Dothan) Alabama issues ORDER for hearing on MOTION TO VACATE OR MODIFY on April 20, 2017, at 1:30 PM (38-CV-2015-900261.00)
——————————————————————
http://wp.me/p5tuFO-1rU
_________________________________________________
_________________________________________________
Henry D. “Butch” Binford, Circuit Judge, 20th Judicial Circuit Court of Houston County (Civil Division Dothan) Alabama, invited to ALTER or AMEND his NOVEL LEGAL THEORY Judgment, Monday, March 27, 2017 (3/27/2017) 9:50:07 AM (38-CV-2015-900261.00)
——————————————————————
http://wp.me/p5tuFO-1rI
_________________________________________________
_________________________________________________
Henry D. Butch Binford, Houston County Circuit Court, 20th Judicial Circuit Judge, Dothan, Alabama (since February 12 2008) Huntingdon College (@HuntingdonColl) University of Alabama School of Law (@UALawSchool) former Veteran Prosecutor, in the Assault and Battery Civil case: Plaintiff v. Brian Ralph Beasley, Defendant (of Daleville, Dale County, Alabama) WHO FAILED TO APPEAR on the DAY the CASE (38-CV-2015-900261.00) WAS SET FOR TRIAL (February 21 2017) on February 23, 2017, espoused a NEW LEGAL THEORY when he ENTERED JUDGMENT for the DEFENDANT CONTRARY to Alabama Rules of Civil Procedure (ARCP) VII. JUDGMENT Rule 55: The rule eliminates the requirement of notice prior to entry of JUDGMENT BY DEFAULT when the DEFAULT arises from FAILURE TO APPEAR on the day the case is set for trial
——————————————————————
http://wp.me/p5tuFO-1rB
_________________________________________________

Advertisements