Ala. Code § 12-21-12

Section 12-21-12 requires substantial evidence before an issue may be submitted to a jury.

Duncan v. Auto-Owners Insurance Co. · filed 1992-01-10

Ala.Code 1975, § 12-21-12, requires a showing of “substantial evidence” in order to submit an issue to a jury.

Section 12-21-12 requires a nonmovant to present substantial evidence in an action that was not pending on June 11, 1987.

Meadows v. Smith · filed 1992-02-07

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the nonmovant, Meadows, meet her burden by “substantial evidence.”

Section 12-21-12 requires a summary judgment nonmovant to meet its burden with substantial evidence when the action was not pending on June 11, 1987.

Merchant's Printers, Inc. v. Vulcan Publications, Inc. · filed 1992-02-14

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the nonmovant meet its burden by "substantial evidence.”

Section 12-21-12 applies the substantial evidence standard to actions that were not pending on June 11, 1987.

Gulledge v. Brown & Root, Inc. · filed 1992-03-06

Because this action was not pending on June 11, 1987, the applicable standard of review is the "substantial evidence" rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12 makes the substantial evidence rule the applicable standard for reviewing summary judgment in an action filed in April 1989.

Bean v. Bic Corp. · filed 1992-04-17

The present action was filed in April 1989; therefore, the applicable standard of review is the "substantial evidence rule." See § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires a party opposing summary judgment in an action not pending on June 11, 1987, to meet its burden with substantial evidence.

Thomas v. Halstead · filed 1992-06-26

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the nonmovant meet his burden by "substantial evidence."

Section 12-21-12 requires substantial evidence from a nonmovant in an action that was not pending on June 11, 1987.

McClendon v. Mountain Top Flea Market · filed 1992-07-24

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that McClendon meet her burden by "substantial evidence."

Section 12-21-12 requires substantial evidence in actions that were not pending on June 11, 1987.

Kelly v. TRIGG ENTERPRISES, INC. · filed 1992-07-31

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the Kellys meet their burden by "substantial evidence."

Section 12-21-12 requires parties in actions not pending on June 11, 1987, to meet their burden with substantial evidence.

McCord v. Ramsey · filed 1992-07-31

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that McCord and Register meet their burden by “substantial evidence.”

Substantial evidence is evidence of enough weight and quality for fair-minded people to reasonably infer the fact to be proved.

INTERNATIONAL REHAB. ASSOCIATES v. Adams · filed 1992-08-07

[2] "Substantial evidence" has been defined as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires substantial evidence to submit a fact issue to the jury on a motion for directed verdict.

Paley v. Shoals Consolidated Foods, Inc. · filed 1992-08-18

When entertaining a motion for directed verdict, a trial court, under Alabama law, must consider whether "substantial evidence" exists to submit an issue of fact to the jury. Ala.Code § 12-21-12 (1987); see also Perry v. Hancock Fabrics, Inc., 541 So.2d 521, 522 (Ala.1989) (substantial evidence standard, effective June 11, 1987, replaced "scintilla of evidence" rule). Substantial evidence means "evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the facts sought to be proven." Economy Fire & Cas. Co. v. Goar, 551 So.2d 957, 958 (Ala.1989) (quoting from Ala.Code § 12-21-12(d)). ... The district court properly granted a directed verdict for Shoals because Paley did not present substantial evidence to support her claim.

Section 12-21-12 makes the substantial evidence rule applicable to cases that were not pending on June 11, 1987.

Southern Scales, Inc. v. Aronov Insurance, Inc. · filed 1992-11-20

Because this case was not pending on June 11, 1987, the applicable standard of review is the “substantial evidence” rule. Ala. Code 1975, § 12-21-12.

Section 12-21-12 requires factual showings in actions filed after June 11, 1987, to be supported by substantial evidence.

Continental Eagle Corp. v. Mokrzycki · filed 1992-11-25

The present action was filed after June 11, 1987; therefore, all factual showings must be supported by substantial evidence. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, supra.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence when the action was not pending on June 11, 1987.

Howard v. WOLFE BROADCASTING CORP. · filed 1992-11-25

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12 mandates that the nonmovant meet her burden by "substantial evidence."

Section 12-21-12 requires a party opposing summary judgment in an action filed after June 11, 1987, to meet her burden with substantial evidence.

N.J. v. Greater Emanuel Temple Holiness · filed 1992-12-31

Because this action was filed after June 11, 1987, the nonmovant must meet her burden by "substantial evidence." § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires a party opposing summary judgment to meet its burden with substantial evidence when the action was not pending on June 11, 1987.

Robertson v. Travelers Inn · filed 1993-02-05

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the nonmovant meet its burden by "substantial evidence."

Section 12-21-12 supplies the substantial evidence standard for reviewing the sufficiency of evidence supporting compensatory damages when the case was not pending on June 11, 1987.

Cabnetware, Inc. v. Birmingham Saw Works · filed 1993-03-12

Because this case was not pending on June 11, 1987, our standard for reviewing the sufficiency of the evidence to support the plaintiff's claim for compensatory damages under the fraud count is the "substantial evidence rule." Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires substantial evidence of malice to sustain a slander-of-title verdict against a motion for judgment notwithstanding the verdict.

Sisson v. J.F. Day Co., Inc. · filed 1993-03-19

Insofar as the motion seeks a judgment notwithstanding the verdict under Rule 50, A.R.Civ.P., the issue is whether there was substantial evidence, under [§ 12-21-12, Ala.Code 1975,] of slander of title.... ... This court concludes that there was no substantial evidence of malice on the part of the plaintiff, that it should have granted the plaintiff’s motion for directed verdict at the close of the evidence on the counterclaim, and that the motion for judgment notwithstanding the verdict is due to be ... granted. ... We agree with the reasoning of the trial judge and adopt it as the reasoning of this Court.

Section 12-21-12 requires the nonmoving party to produce substantial evidence to support its claim when opposing a directed verdict or judgment notwithstanding the verdict.

Fulton v. Callahan · filed 1993-04-16

The standard of review is whether the nonmoving party has produced substantial evidence to support its claim. Green Tree Acceptance, Inc. v. Standridge, 565 So.2d 38 (Ala.1990); Ex parte Oliver, 532 So.2d 627 (Ala.1988); see also Ala.Code 1975, § 12-21-12. ... After carefully reviewing the record in the light most favorable to Callahan, this Court concludes that Callahan presented substantial evidence from which a reasonable jury could infer that the Fultons had intentionally devalued the corporation's stock with the intent of buying Callahan's stock at less than its real value.

Section 12-21-12 requires a nonmoving party to present substantial evidence when the action was not pending on June 11, 1987.

Welch v. Graham · filed 1993-04-23

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the Welches (the nonmovants) meet their burden by "substantial evidence.”

Section 12-21-12 requires a plaintiff in an action filed after June 11, 1987, to present substantial evidence of each element of a claim to avoid a directed verdict.

Hamme v. CSX Transp., Inc. · filed 1993-05-14

This action was filed after June 11, 1987; therefore, the applicable standard of review is the "substantial evidence" rule. See West v. Founders Life Assurance Co. of Florida, 547 So.2d 870 (Ala. 1989), for a definition of "substantial evidence"; Ala.Code 1975, § 12-21-12. In actions filed after June 11, 1987, a directed verdict for a defendant is proper if the plaintiff fails to present substantial evidence as to some element of his cause of action.

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Henson v. Celtic Life Ins. Co. · filed 1993-06-04(d)

"Substantial evidence" has been defined as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); Ala.Code 1975, § 12-21-12(d).

The substantial evidence rule applies to actions filed after June 11, 1987.

Marshall v. Nelson · filed 1993-06-18

This action was filed after June 11, 1987; therefore, the applicable standard of review is the "substantial evidence" rule.

Section 12-21-12(a) establishes the substantial evidence rule for trial court rulings on the sufficiency of evidence; it does not govern the requested punitive damages jury instruction.

Eubanks v. Hall · filed 1993-07-23(a)

Eubanks cites Ala.Code 1975, § 12-21-12(a), in support of this contention; however, this section establishes the "substantial evidence" rule for testing the sufficiency of evidence in rulings by the trial court and does not apply to the instant case.

Section 12-21-12’s substantial evidence rule applies to an action that was not pending on June 11, 1987.

Kirk v. Klements · filed 1993-11-12

Because this action was not pending on June 11, 1987, the applicable standard of review is the “substantial evidence” rule. Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires substantial evidence before an issue of fact may be submitted to the trier of fact.

Mallisham v. Kiker · filed 1993-12-03

Section 12-21-12, Ala. Code 1975, requires proof by "substantial evidence" in order to "submit an issue of fact to the trier of facts."

Section 12-21-12(a) applies the substantial evidence rule to actions filed after June 11, 1987.

Teague v. Adams · filed 1994-03-11(a)

Because this action was filed after June 11, 1987, the "substantial evidence" rule applies.

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence supporting the plaintiff's position.

ALTADENA VALLEY GOLF v. Blue Cross · filed 1994-06-10

Rule 56 is read in conjunction with the "substantial evidence rule" (§ 12-21-12, Ala. Code 1975), for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala. 1989). In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present "substantial evidence," i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). On a motion for summary judgment, when the movant makes a prima facie showing that no genuine issue of material facts exists, as Blue Cross did in the present case, the burden shifts to the nonmovant to show "substantial evidence" in support of his or her position. Bean v. Craig, 557 So.2d 1249, 1252 (Ala.1990).

Section 12-21-12 requires a motion for JNOV challenging the sufficiency of the evidence to be measured by the substantial evidence rule.

Beaulieu of America, Inc. v. Dunn · filed 1994-06-17(d)

A motion for JNOV challenging the sufficiency of the evidence is measured by the substantial evidence rule. Ala.Code 1975, § 12-21-12(d); John R. Cowley & Bros., Inc. v. Brown, 569 So.2d 375 (Ala. 1990).

Section 12-21-12(a) requires substantial evidence to support each element of an affirmative defense and defines substantial evidence as evidence from which fair-minded persons can reasonably infer the fact sought to be proved.

Spence v. Southern Pine Elec. Co-Op. · filed 1994-07-01(a)

We must determine whether the nonmovant—defendant Southern Pine Electric Cooperative—presented substantial evidence supporting each element of its affirmative defense. § 12-21-12(a), Ala.Code 1975; Koch v. State Farm Fire & Casualty Co., 565 So.2d 226 (Ala.1990). "[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12 requires proof by substantial evidence to submit an issue of fact to the trier of facts.

Rickard v. Shoals Distributing, Inc. · filed 1994-07-15

Section 12-21-12, Ala.Code 1975, requires proof by "substantial evidence" in order to "submit an issue of fact to the trier of facts." Substantial evidence is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12(d) requires a nonmovant to present substantial evidence to defeat a properly supported motion for summary judgment.

Prentiss v. Evergreen Presbyterian Church · filed 1994-07-22(d)

This case was filed after June 11, 1987; accordingly, the "substantial evidence rule" applies to the ruling on the motion for summary judgment. Ala.Code 1975, § 12-21-12. In order to defeat a properly supported motion for summary judgment, the nonmovant must present substantial evidence in support of his position. § 12-21-12(d); Betts v. McDonald's Corp., 567 So.2d 1252 (Ala.1990).

Section 12-21-12 requires a nonmovant opposing a properly supported summary judgment motion to present substantial evidence.

Bertrand v. Handley · filed 1994-08-05

This case was filed after June 11, 1987; accordingly, the "substantial evidence rule" applies to the ruling on the motion for summary judgment. In order to defeat a properly supported motion for summary judgment, the nonmovant must present substantial evidence in support of his position. Ala.Code 1975, § 12-21-12.

Section 12-21-12(a) requires substantial evidence supporting each element of a cause of action for a directed verdict to be denied.

Montgomery Airport Authority v. Epps Aircraft, Inc. · filed 1994-08-05(a)

The court considering a defendant’s directed verdict motion must determine whether the plaintiff presented substantial evidence supporting each element of the cause of action. § 12-21-12(a), Ala.Code 1975; Koch v. State Farm Fire & Cas. Co., 565 So.2d 226 (Ala. 1990).

Section 12-21-12 requires a plaintiff opposing summary judgment to present substantial evidence from which fair-minded people can reasonably infer the fact sought to be proved.

Saccuzzo v. Krystal Co. · filed 1994-08-12

Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. ... In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12 requires a nonmoving party opposing summary judgment to present substantial evidence creating a genuine issue of material fact.

Franks v. Norfolk Southern Corp. · filed 1994-08-12

Once the moving party has made a prima facie showing that there is no genuine issue of material fact, the nonmoving party must rebut that showing by presenting substantial evidence creating a genuine issue of material fact. § 12-21-12, Ala.Code 1975; Hope v. Brannan, 557 So.2d 1208 (Ala.1989). Substantial evidence is “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

Murray v. Alonso · filed 1994-08-12

Rule 56 must be read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975, for actions filed after June 11,1987. ... In order to defeat a defendant’s properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.”

Section 12-21-12(d) requires substantial evidence creating a genuine issue of material fact to overcome a properly supported summary judgment motion.

Roden v. Wright · filed 1994-08-19(d)

In order to overcome McGriff's properly supported summary judgment motion, however, Roden must present "substantial evidence" creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12(d); Ala.R.Civ.P. 56.

Section 12-21-12 requires a nonmovant opposing summary judgment to present substantial evidence creating a genuine issue of material fact.

Hicks v. Commercial Union Ins. Co. · filed 1994-08-26

On a motion for a summary judgment, when the movant makes a prima facie showing that no genuine issue of material fact exists, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. Rule 56(e); § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

HUNTSVILLE GOLF v. Ratcliff, Inc. · filed 1994-09-02

Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala. 1989). In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 requires a nonmovant in a qualifying action to meet its burden with substantial evidence.

Homecorp v. Secor Bank · filed 1994-09-09

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the nonmovant meet its burden by "substantial evidence." Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). Under the substantial evidence test, the nonmovant must present "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

Cornelius v. Bank Independent · filed 1994-09-09

Rule 56 must be read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975, for actions filed after June 11,1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a defendant’s properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

City of Jasper v. Waterworks & Sewer Board · filed 1994-10-07

In actions filed after June 11,1987, Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975. ... In order to defeat a defendant’s properly supported motion for summary judgment, the plaintiff must present “substantial evidence,” i.e., “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.”

Section 12-21-12 requires a nonmoving party to present substantial evidence supporting its claims and creating a genuine issue of material fact to overcome a properly supported summary judgment motion.

Jackson v. USX Corp. · filed 1994-10-07

To overcome a properly supported motion for summary judgment, the nonmov-ing party must present substantial evidence supporting its claims and creating a genuine issue of material fact. § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

Blackburn v. State Farm Auto. Ins. Co. · filed 1994-10-28

Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. ... In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12(d) defines substantial evidence as evidence of such weight and quality that fair-minded persons can reasonably infer the existence of the fact sought to be proved.

Howard v. Mutual Sav. Life Ins. Co. · filed 1994-10-28(d)

We review a summary judgment by the "substantial evidence" rule. Under this rule, once the movant has made a prima facie showing that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the nonmovant must rebut this showing by presenting "substantial evidence" creating a genuine issue of material fact. "Substantial evidence" has been defined as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870 (Ala. 1989); Henson v. Celtic Life Ins. Co., 621 So.2d 1268 (Ala.1993); Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 requires a plaintiff opposing summary judgment to present substantial evidence creating a genuine issue of material fact.

Newman v. Town of Falkville · filed 1994-10-28

In order to defeat a properly supported motion for summary judgment, the plaintiff must present “substantial evidence,” creating a genuine issue of material fact; “substantial evidence” is “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.”

Section 12-21-12 defines substantial evidence as evidence of such weight and quality that fair-minded people exercising impartial judgment can reasonably infer the fact sought to be proved.

Credeur v. J.B. Hunt Transport, Inc. · filed 1994-10-28

Evidence is “substantial” if it is of “such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Foimders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala. 1989); § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires substantial evidence, rather than scintilla evidence, to support a claim.

Emanuelsen v. State Farm Auto. Ins. Co. · filed 1994-11-18

This action was initiated several weeks after the "scintilla rule" was abolished, and therefore, the "substantial evidence rule" applies. Ala.Code 1975, § 12-21-12. Substantial evidence is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

The section requires substantial evidence to support submission of a claim to the jury and governs review of JNOV motions.

Coley v. Walker · filed 1994-12-02

A motion for JNOV challenging the sufficiency of the evidence is appraised by applying the substantial evidence rule. Med Plus Properties v. Colcock Constr. Group, Inc., 628 So.2d 370, 373 (Ala.1993); § 12-21-12(d), Ala.Code 1975.

Section 12-21-12 establishes the substantial evidence rule as the standard of review for motions for directed verdicts in actions filed after June 11, 1987.

Lowe's Home Centers, Inc. v. Laxson · filed 1994-12-16

Of course, for actions filed after June 11, 1987, such as this one, the standard of review applicable to a motion for a directed verdict is the "substantial evidence rule." See Ala.Code 1975, § 12-21-12. "Substantial evidence" has been defined as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Williams v. Ditto, 601 So.2d 482 (Ala.1992).

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence creating a genuine issue of material fact.

Scoggin v. Listerhill Employees Credit Union · filed 1995-01-13

That evidence made a prima facie showing that there was no genuine issue of material fact; the burden then shifted to Scoggin to present substantial evidence creating a genuine issue of material fact and indicating that the Credit Union was not entitled to a judgment as a matter of law. Rule 56(c), Ala.R.Civ.P.; § 12-21-12, Ala.Code 1975; Rudolph v. Lindsay, 626 So.2d 1278, 1279 (Ala.1993).

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence supporting the fact sought to be proved.

Hudson v. Muller · filed 1995-01-13

Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12 requires proof by substantial evidence.

Sizemore v. OWNER-OPERATOR INDEPENDENT DRIVERS ASS'N, INC. · filed 1995-01-13

Proof by substantial evidence is required. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989).

Section 12-21-12 requires substantial evidence to submit an issue of fact to the trier of fact unless a higher standard applies.

Hines v. Riverside Chevrolet-Olds, Inc. · filed 1995-01-13

Section 12-21-12(a) establishes the quantum of evidence necessary to submit an issue of fact to the trier of fact, when the sufficiency of the evidence to support an issue of fact is tested. Unless a higher standard is provided by statute, rule, or decision, substantial evidence is required to submit an issue of fact to the trier of fact. § 12-21-12(c). This statute limits the authority of a trial court to submit an issue of fact to the trier of fact.

Section 12-21-12 requires a plaintiff opposing a properly supported summary-judgment motion to present substantial evidence.

Billings v. K Mart Corp. · filed 1995-01-13

Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence from which fair-minded persons can reasonably infer the fact sought to be proved.

Wright v. Wright · filed 1995-01-13

Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. ... In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12(d) defines substantial evidence as evidence of such weight and quality that fair-minded persons can reasonably infer the existence of the fact sought to be proved.

Mason v. Chrysler Corp. · filed 1995-01-20(d)

We review a summary judgment by the "substantial evidence" rule. Under this rule, once the movant has made a prima facie showing that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the nonmovant must rebut this showing by presenting "substantial evidence" creating a genuine issue of material fact. "Substantial evidence" has been defined as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870 (Ala. 1989); Henson v. Celtic Life Ins. Co., 621 So.2d 1268 (Ala.1993); Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment to present substantial evidence supporting the fact sought to be proved.

Humana Med. Corp. v. Bagby Elevator Co. · filed 1995-01-27

Rule 56 is read in conjunction with the "substantial evidence rule" (§ 12-21-12, Ala.Code 1975), for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present "substantial evidence," i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12(d) applies the substantial evidence rule to review of directed verdict and J.N.O.V. motions in actions filed after June 11, 1987.

St. Clair Federal Sav. Bank v. Rozelle · filed 1995-02-10(d)

For actions filed after June 11, 1987, the standard of review applicable to a motion for a directed verdict or a J.N.O.V. is the "substantial evidence rule" set out at Ala.Code 1975, § 12-21-12(d). "[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co., 547 So.2d 870, 871 (Ala.1989). ... The testimony of the Rozelles constitutes "substantial evidence" that Miller represented to them that the equipment was the primary collateral on the loan, that the Rozelles justifiably relied on this representation because of Miller's banking expertise, and that, as a result of this reliance, the Rozelles were damaged.

Section 12-21-12 requires a nonmoving party opposing summary judgment to present substantial evidence supporting its claims and creating a genuine issue of material fact.

Adams v. Auto Owners Ins. Co. · filed 1995-02-10

To overcome a properly supported motion for summary judgment, the nonmoving party must present substantial evidence supporting its claims and creating a genuine issue of material fact. § 12-21-12, Ala.Code 1975. To satisfy the "substantial evidence test," the nonmoving party is required to present "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance, Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 requires a nonmovant to present substantial evidence creating a genuine issue of material fact after the movant makes a prima facie showing.

Beam v. Tramco, Inc. · filed 1995-02-10

Once a party moving for a summary judgment makes a prima facie showing that there is no genuine issue of material fact and that the movant is therefore entitled to a judgment as a matter of law, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact.

Section 12-21-12 requires a nonmoving party to present substantial evidence to defeat a properly supported motion for summary judgment.

Kelly v. Lipham · filed 1995-02-17

To defeat a properly supported motion for summary judgment, the nonmov-ing party must present substantial evidence to support its claims. Ala.Code 1975, § 12-21-12. To satisfy the “substantial evidence test,” the nonmoving party is required to present “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.”

Section 12-21-12 requires a nonmovant opposing a properly supported summary judgment motion to present substantial evidence creating a genuine issue of material fact.

Hipsh v. Escambia Farm Equipment Co. · filed 1995-02-17

In order to defeat a properly supported motion for summary judgment, the nonmovant must present substantial evidence creating a genuine issue of material fact. § 12-21-12, Ala.Code 1975, Harvell, 598 So.2d at 882.

Subsection (d) defines substantial evidence as evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact to be proved.

Newburn v. Dobbs Mobile Bay, Inc. · filed 1995-03-17(d)

"Substantial evidence" has been defined as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870 (Ala. 1989); Henson v. Celtic Life Ins. Co., 621 So.2d 1268 (Ala.1993); Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 applies the substantial evidence rule to cases that were not pending on June 11, 1987.

Stillwell v. Columbus Bank & Trust Co. of Russell County · filed 1995-12-01

Because this case was not pending on June 11, 1987, the “substantial evidence” rule is applicable. § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires substantial evidence to create a genuine issue of fact; speculation or conjecture is insufficient.

Wint v. Alabama Eye & Tissue Bank · filed 1996-02-02

The plaintiff failed to produce "substantial evidence" tending to show that any employee of Alabama Eye & Tissue Bank was in any way connected with the taking of Leroy Wint's eyes. Evidence that is sufficient only to raise speculation or conjecture is not "substantial evidence" and is insufficient to create a genuine issue of fact.

Section 12-21-12 requires a nonmovant in an action filed after June 11, 1987, to present substantial evidence to withstand a motion for a directed verdict or JNOV.

Sanders v. J.W. Snyder Construction Co. · filed 1996-08-02

For actions filed after June 11, 1987, the nonmovant must present “substantial evidence” in order to withstand a motion for a directed verdict or a motion for a JNOV. ... A review of this record clearly reflects that Snyder produced substantial evidence creating a factual dispute requiring resolution by the jury; therefore, the JNOV was properly denied.

Section 12-21-12 applies the substantial evidence rule to cases filed after June 11, 1987.

Ex Parte Crawford & Co. · filed 1997-03-14

Because this case was filed after June 11, 1987, the applicable standard of review is the "substantial evidence" rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

McConico v. Martin · filed 1998-03-27(d)

“Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact sought to be proved.

Coleman v. Alabama Power Company · filed 1998-05-22(d)

“Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact to be proved.

Shows v. Mayfield Oil Co. · filed 1999-08-13(d)

“Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d). ... Because the affidavit cannot be considered, Shows’s testimony creates no genuine issue of material fact.

Substantial evidence is evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact to be proved.

Roland v. Cooper · filed 2000-04-14(d)

"Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Subsection (d) defines substantial evidence as evidence from which fair-minded persons exercising impartial judgment can reasonably infer the fact to be proved.

Murray v. Manz · filed 2001-05-25(d)

“Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Subsection (d) defines substantial evidence as evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact at issue.

Swenson v. Jennings · filed 2001-06-08(d)

“Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see § 12-21-12(d), Ala.Code 1975. ... It is clear that Swenson’s evidentiary submissions in opposition to the motions for summary judgment rebutted, by substantial evidence, Jennings’s prima facie showing that he was neither an owner nor an operator of the landfill, and the showing by Glenn and Minyard that the landfill contained nothing other than dirt, brush, and tree stumps.

Section 12-21-12(a)'s substantial-evidence standard is satisfied by credible evidence identifying a long-recognized property boundary.

Jackson v. Strickland · filed 2001-06-15(a)

Jackson presented credible and substantial evidence, § 12-21-12(a), Ala.Code 1975, which also constitutes the great weight of the evidence in this case, that the “iron pin,” “rebar,” or “stob” at the base of the oak tree marked the north end of the north-south boundary line between her property and the Strick-lands’ property and that that boundary line had been the recognized north-south boundary line for at least 55 years.

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Carter v. Holland · filed 2001-06-22(d)

"Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d); West, 547 So.2d at 871; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989), for further discussion of the application of the summary-judgment standard. ... Though it is a close question, we conclude that Carter's affidavit constitutes substantial evidence that successfully rebutted the prima facie case established by Holland and created a genuine issue of material fact as to whether the funds in question had been intended as a loan or as a gift.

Substantial evidence is evidence from which fair-minded people can reasonably infer the fact to be proved.

Whitaker v. Coca-Cola Company USA · filed 2001-09-07(d)

"Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact sought to be proved.

Terrell v. R & a Mfg. Partners, Ltd. · filed 2002-05-17(d)

"[Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 requires a party opposing judgment as a matter of law to present substantial evidence supporting an issue for the jury.

State Farm v. Shady Grove Baptist Church · filed 2002-06-14

Rather, in resisting State Farm's motions for a judgment as a matter of law, and for the trial court's denial of those motions to have been proper, the Church must have submitted substantial evidence showing that the collapse fitted within the definition of that term in the policy and that it was covered under the policy by virtue of its being caused by at least one of the six enumerated causes provided in the policy.

Section 12-21-12 replaces the scintilla-evidence rule with the substantial-evidence rule.

Aplin v. Tew · filed 2002-06-21

We note, of course, that the scintilla-evidence rule was abrogated by § 12-21-12, Ala.Code 1975, and has been replaced by the substantial-evidence rule.

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact to be proved.

Browder v. Food Giant, Inc. · filed 2002-08-09(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 replaced the scintilla rule with the more stringent substantial evidence rule for submitting an issue to the trier of fact.

Hicks v. Dunn · filed 2001-10-12

This rule was abolished on June 11, 1987, and was replaced by the more stringent "substantial evidence rule." § 12-21-12, Ala.Code 1975.

Section 12-21-12(d) defines substantial evidence as evidence on which reasonable and fair-minded people could reach different conclusions about the fact to be proved.

Ex Parte Helms · filed 2003-06-13(d)

The statutory definition of substantial evidence is: "evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven." § 12-21-12(d), Ala. Code 1975.

Section 12-21-12 requires substantial evidence to support a finding that an insurance broker had authority to bind an insurer.

Carolina Cas. Ins. Co. v. Miss Deanna's Child Care-Med Net, LLC · filed 2003-07-18

Did Med Net adduce "substantial evidence" ( see § 12-21-12, Ala.Code 1975, and West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)) that Abernathy had actual or apparent authority to enter into an insurance contract on behalf of CCIC with Med Net? We must answer that question in the negative.

Section 12-21-12(d) defines substantial evidence as evidence that could lead reasonable, impartial people to different conclusions about a fact.

Ex Parte REC · filed 2004-08-27(d)

Substantial evidence is defined by § 12-21-12(d), Ala. Code 1975, as "evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven" and by West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989), as "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." The children's denials, recantations, and detailed charges of the first foster mother's coaching, together with the children's mother's thorough denials of her allowing or the father's committing sexual abuse, meet these definitions of substantial evidence.

Section 12-21-12(d) defines substantial evidence as evidence on which reasonable and fair-minded people might reach different conclusions about whether a fact exists.

State Department of Human Resources v. R.E.C. · filed 2004-08-27(d)

Substantial evidence is defined by § 12-21-12(d), Ala. Code 1975, as “evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven” and by West v. Founders Life Assurance Co. of Floñda, 547 So.2d 870, 871 (Ala.1989), as “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” The children’s denials, recantations, and detailed charges of the first foster mother’s coaching, together with the children’s mother’s thorough denials of her allowing or the father’s committing sexual abuse, meet these definitions of substantial evidence.

Subsection (d) defines substantial evidence as evidence from which fair-minded persons exercising impartial judgment can reasonably infer the fact to be proved.

Kessler v. Gillis · filed 2004-09-03(d)

“[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Substantial evidence has enough weight and quality for fair-minded people exercising impartial judgment to reasonably infer the fact sought to be proved.

SouthTrust Bank v. JONES, MORRISON, WOMACK · filed 2005-03-18(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

KOHLER CO., INC. v. Miller · filed 2005-08-05(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d at 871; see Ala.Code 1975, § 12-21-12(d). ... In opposition to Cinram's motion, Kohler failed to present substantial evidence indicating that the worker's employment with Cinram either caused a new injury or aggravated her old injury to the extent that it increased her disability.

Substantial evidence is evidence from which fair-minded persons exercising impartial judgment can reasonably infer the fact to be proved.

Deakle v. Childs · filed 2006-04-07(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Jackson v. City of Auburn · filed 2006-04-07(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact sought to be proved.

Ex Parte HealthSouth Corp. · filed 2007-06-15(d)

Evidence is "substantial" if it is of "such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); § 12-21-12(d), Ala.Code 1975.

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Hurst v. Cook · filed 2007-09-28(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) requires evidence from which fair-minded people can reasonably infer the fact to be proved; evidence that equally supports opposing inferences does not meet that standard.

SPRINGFIELD MISSIONARY v. Wall · filed 2008-01-25(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d). ... Because the evidence presented in support of and in opposition to the Walls' summary-judgment motion equally permits two reasonable inferences, one in favor of the Walls and one in favor of the church, it fails to create a genuine issue of material fact warranting the submission of the case to a jury.

Section 12-21-12(d) requires evidence strong enough for fair-minded people exercising impartial judgment to reasonably infer the fact to be proved.

Carroll v. LJC Defense Contracting, Inc. · filed 2009-05-15(d)

“[Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see § 12-21-12(d), Ala.Code 1975.

Subsection (d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Wesson v. Wal-Mart Stores East, L.P. · filed 2009-12-04(d)

“[Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Subsection (d) defines substantial evidence as evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact to be proved.

Jones v. Hamilton · filed 2010-01-22(d)

“[Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(a) requires substantial evidence supporting each element of an affirmative defense before that defense may be submitted to the jury.

Robertson v. Gaddy Electric and Plumbing, LLC. · filed 2010-04-09(a)

We must determine whether the nonmovant — defendant [Gaddy] — presented substantial evidence supporting each element of its affirmative defense. § 12-21-12(a), Ala. Code 1975; ... Based on our review of the record, we conclude that Robertson did not voluntarily proceed with knowledge of the danger posed by the disconnected conduit that should have grounded the unseen short in the wire and prevented an electrical shock. Accordingly, the trial court committed reversible error in instructing the jury on the affirmative defense of assumption of the risk.

Substantial evidence must be strong enough for fair-minded persons to reasonably infer the fact the party seeks to prove; speculation does not suffice.

Von Sury v. Kuehn · filed 2010-06-18(d)

Consequently, Von Sury does not present “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.”

Substantial evidence is evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact sought to be proved.

Hale v. Hyundai Motor Manufacturing Alabama, LLC · filed 2012-01-06(d)

‘[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.’ West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people exercising impartial judgment can reasonably infer the fact to be proved.

Waddell v. Colbert County-Northwest Alabama Healthcare Authority · filed 2012-05-25(d)

“[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see § 12-21-12(d), Ala.Code 1975.

Subsection (d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Perry v. Federal National Mortgage Ass'n · filed 2012-06-29(d)

“[Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Brenda Darlene, Inc. v. Bon Secour Fisheries, Inc. · filed 2012-08-10(d)

“[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 replaces the scintilla rule with a substantial evidence requirement; once a defendant establishes contributory negligence, the issue goes to a jury only if there is substantial evidence to the contrary.

Alfa Life Insurance Corp. v. Colza · filed 2014-05-09

Of course, the "scintilla rule” applied in Hickox has been abolished in favor of the substantial-evidence rule; accordingly, once a defendant establishes that a plaintiff's contributory negligence proximately caused his or her injury, contributory negligence becomes a jury issue only if there is substantial evidence to the contrary.

Section 12-21-12(a) requires a party bearing the burden of proof in a civil action to present substantial evidence of the elements needed for a judgment in its favor.

Al-Assi v. Alabama Department of Labor · filed 2015-02-13(a)

In all civil actions, when a party bears the burden of proof, that party must present substantial evidence of the elements necessary to sustain his or her case in order to receive a judgment in his or her favor. Ala.Code 1975, § 12-21-12(a). ... There was no evidence presented from which the trial court could discredit the testimony of Al-Assi that he made the call, and, therefore, ADOL and Gregg failed to establish that Al-Assi was disqualified from receiving benefits.

Section 12-21-12(d) defines substantial evidence as evidence of such weight and quality that fair-minded persons can reasonably infer the fact sought to be proved.

Bailey v. Jacksonville Health & Rehab. Ctr. · filed 2017-07-21(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala. 1989) ; see Ala. Code 1975, § 12-21-12(d).

Section 12-21-12(d) defines substantial evidence as evidence of such weight and quality that fair-minded persons can reasonably infer the fact sought to be proved.

Mary Beasley Schaeffer and Ellis Beasley Long, as personal representative of the Estate of Emma Glass Beasley v. Jan Garrison Thompson · filed 2023-04-21(d)

"[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So. 2d 870, 871 (Ala. 1989); see also § 12-21-12(d), Ala. Code 1975.

Section 12-21-12 applies the substantial evidence rule to actions filed after June 11, 1987; a wantonness claim supported by substantial evidence may go to the jury.

Valley Bldg. & Supply, Inc. v. Lombus · filed 1991-11-22

In reviewing the sufficiency of the evidence, we apply the "substantial evidence rule," because this action was filed after June 11, 1987. ... We hold that these facts constitute substantial evidence upon which the jury could have found that Spates, on the occurrence in question, acted wantonly. Therefore, the trial court did not err in denying the defendant's motion for a directed verdict on the wantonness claim.

Section 12-21-12 applies the substantial evidence standard to actions commenced after June 11, 1987.

Flanagan v. World Omni Financial Corp. · filed 1989-01-13

At this point, we should note that this action was commenced after June 11, 1987; therefore, the applicable standard of review is the substantial evidence rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires substantial evidence from a party opposing summary judgment once the moving party makes a prima facie showing that no genuine issue of material fact exists.

Bass v. SOUTHTRUST BANK OF BALDWIN CTY. · filed 1989-01-13

The "scintilla rule" was abolished on June 11, 1987, by section 2 of Act No. 87-184 of the Alabama Legislature [ Ala. Code 1975, § 12-21-12 (1987 Supp.)], which was prior to the filing of this action by Bass. ... The Act abolishing the scintilla rule does nothing to change the procedure for handling the burden of proof, so if the moving party makes a prima facie showing that no genuine issue of material fact exists, then the burden still shifts to the non-movant; however, the burden is now greater than in the past, because the non-movant must show "substantial evidence" in support of his position.

Section 12-21-12 makes the substantial evidence rule applicable to actions commenced after June 11, 1987.

Wilson v. World Omni Leasing, Inc. · filed 1989-01-13

At this point, we should note that this action was commenced after June 11, 1987; therefore, the applicable standard of review is the substantial evidence rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12 replaces the scintilla rule with a substantial evidence standard for testing the sufficiency of evidence in cases filed after its effective date.

Auburn Ford, Lincoln Mercury, Inc. v. Norred · filed 1989-03-24

This case was filed on June 12, 1987, and is, thus, controlled by Ala.Code 1975, § 12-21-12 (effective June 11, 1987), which abolished the "scintilla rule" and established the "substantial evidence" standard for testing the sufficiency of the evidence on an issue of fact. While the substantial evidence test does apply in this case, Auburn Ford's argument still fails, because the record contains substantial evidence supporting Lisa's claims.

Section 12-21-12 abolished the scintilla rule and applies the substantial evidence rule to suits filed after June 11, 1987.

Perry v. Hancock Fabrics, Inc. · filed 1989-03-31

Ms. Perry's suit was filed on November 30, 1987, and, hence, the scintilla rule of evidence is not applicable to this case. Act No. 87-184, Ala. Acts 1987 (codified at Ala.Code 1975, § 12-21-12), abolished the scintilla rule, effective June 11, 1987, and replaced it with the "substantial evidence rule."

Section 12-21-12 applies the substantial evidence standard to actions commenced after June 11, 1987.

Abercrombie v. Nashville Auto Auction, Inc. · filed 1989-03-31

The action in the present case was commenced after June 11, 1987; therefore, the applicable standard of review is the substantial evidence rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12 supplies the substantial evidence standard for reviewing summary judgment.

Greene v. Thompson · filed 1989-07-28

The applicable standard of review is the "substantial evidence rule." Ala.Code 1975, § 12-21-12; Perry v. Hancock Fabrics, Inc., 541 So.2d 521 (Ala. 1989).

Section 12-21-12 requires substantial evidence of each element of a claim to avoid a directed verdict in actions filed after June 11, 1987.

Watters v. Lawrence County · filed 1989-09-01

Thus, a directed verdict is proper in actions filed after June 11, 1987, when the claimant has failed to present substantial evidence as to each element of his cause of action. Substantial evidence is "evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven." § 12-21-12.

Section 12-21-12’s substantial evidence rule applies to actions commenced after June 11, 1987.

Benson v. City of Tuscumbia · filed 1989-10-27

This action was commenced after June 11,1987; therefore, the applicable standard of review is the “substantial evidence” rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12 makes the substantial evidence rule applicable to actions commenced after June 11, 1987.

Rollins v. Phillips · filed 1989-11-09

The action in the present case was commenced after June 11, 1987; therefore, the applicable standard of review is the "substantial evidence rule." Ala.Code 1975, § 12-21-12 (Supp.1988).

Section 12-21-12 requires substantial evidence of every element of a claim to avoid summary judgment.

Keller v. SECURITY FEDERAL SAV. & LOAN · filed 1989-12-15

If there is substantial evidence of every element of a cause of action, summary judgment is inappropriate.

Section 12-21-12 applies the substantial evidence rule to actions commenced after June 11, 1987.

Couch v. Woody Anderson Ford, Inc. · filed 1989-12-15

We note that this action was commenced after June 11, 1987; therefore, the applicable standard of review is the "substantial evidence rule." See Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a plaintiff in an action filed after June 11, 1987, to present substantial evidence of each element of a claim to avoid a directed verdict.

Koch v. State Farm Fire and Cas. Co. · filed 1990-06-29

In actions filed after June 11, 1987, a directed verdict for the defendant would be proper when the plaintiff has failed to present "substantial evidence" as to each element of his cause of action.

Section 12-21-12 applies the substantial evidence standard to actions that were not pending on June 11, 1987; a party is entitled to judgment as a matter of law when the opposing party fails to present substantial evidence.

Thomas v. Principal Financial Group · filed 1990-08-03

This action was not pending on June 11, 1987; therefore, the applicable standard of review is the "substantial evidence rule." Ala.Code 1975, § 12-21-12. Thus, Principal Mutual would have been entitled to a judgment as a matter of law if, viewing the evidence in a light most favorable to Ms. Thomas, Ms. Thomas failed to present substantial evidence that Ms. Warren was a "dependent" within the meaning of the policy at the time of her death.

Section 12-21-12 applies the substantial evidence standard to cases filed after June 11, 1987.

Stinson v. American Sterilizer Co. · filed 1990-09-14

This case was filed after June 11, 1987; therefore, the applicable standard of review is the "substantial evidence" rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12 applies the substantial evidence rule when reviewing summary judgment in an action filed on May 12, 1989.

Breen v. Baldwin County Fed. Sav. Bank · filed 1990-09-14

Because the Bank's complaint was filed on May 12, 1989, the applicable standard of review is the "substantial evidence rule." Ala.Code 1975, § 12-21-12.

Section 12-21-12 applies the substantial evidence rule to actions that were not pending on June 11, 1987.

Stafford v. MISS. VALLEY TITLE INS. CO. · filed 1990-09-28

Because this action was not pending on June 11, 1987, the applicable standard of review is the "substantial evidence" rule. Ala.Code 1975, § 12-21-12.

Section 12-21-12 uses the substantial evidence rule to determine whether conflicting evidence prevents judgment notwithstanding the verdict.

Leisure Amer. Resorts v. Carbine Const. · filed 1990-10-26

The existence of a conflict in the evidence is to be determined by the "substantial evidence rule." Ala.Code 1975, § 12-21-12.

Section 12-21-12 applies the substantial-evidence standard to cases filed after June 11, 1987.

Knight v. Alabama Power Co. · filed 1991-04-11

Because this case was filed after June 11, 1987, the applicable standard of review is the "substantial evidence" rule. Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires substantial evidence to show a genuine issue of material fact once the moving party has made a prima facie case for summary judgment.

Brooks v. Colonial Chevrolet-Buick, Inc. · filed 1991-04-19

Construing § 12-21-12, this Court has defined "substantial evidence" as "`evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.'" Thomas v. Principal Financial Group, 566 So.2d 735, 738 (Ala.1990), quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). When the motion for summary judgment makes a prima facie showing that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law, the burden shifts to the nonmoving party to show through substantial evidence that a genuine issue of material fact does exist. Dunaway v. King, 510 So.2d 543 (Ala.1987).

Section 12-21-12 requires substantial evidence to create a genuine issue of material fact and defeat summary judgment in suits filed after June 11, 1987.

Stallworth v. Continental Real Estate Management, Inc. · filed 1991-05-31

This suit was filed after June 11, 1987; therefore, the applicable standard of review is the “substantial evidence” rule. “Substantial evidence” has been defined as “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.”

Section 12-21-12 applies the substantial evidence standard to actions that were not pending on June 11, 1987; substantial evidence permits fair-minded persons to reasonably infer the fact to be proved.

Harris v. Gill · filed 1991-07-26

Because this action was not pending on June 11, 1987, the applicable standard of review is the "substantial evidence" rule. Ala.Code 1975, § 12-21-12. "Substantial evidence" is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12 requires a nonmovant to present substantial evidence once the movant makes a prima facie showing in an action filed after June 11, 1987.

Hardy v. Blue Cross and Blue Shield · filed 1991-08-09

Because this action was filed after June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that, once the movant makes his prima facie showing, the nonmovant meet his burden by "substantial evidence."

Section 12-21-12 supplies the substantial evidence standard for reviewing whether a claim was properly submitted to a jury.

Rhodes Mutual Life Insurance Co. v. Moore · filed 1991-08-23

This action was not pending on June 11,1987; therefore, the applicable standard for reviewing the sufficiency of the evidence is the “substantial evidence rule.” Ala.Code 1975, § 12-21-12. ... Whether Rhodes, acting through its agents, negligently caused the desecration of Bob Moore’s grave was a question properly reserved to the jury; therefore, the trial court properly denied Rhodes’s motion for a judgment notwithstanding the verdict.

Section 12-21-12 requires the party with the burden of proof to produce substantial evidence of the elements of a claim to withstand a directed-verdict motion, including in FELA cases tried in Alabama state courts.

ALABAMA GREAT SOUTHERN R. v. Jackson · filed 1991-09-06

Thus, the standard for reviewing the denial of a motion for a directed verdict is whether the party with the burden of proof, in this case Jackson, has produced substantial evidence of the elements of his cause of action to require a jury's determination. Macon County Commission v. Sanders, 555 So.2d 1054 (Ala.1990); see Ala.Code 1975, § 12-21-12.

Section 12-21-12 supplies the substantial evidence standard for reviewing the sufficiency of evidence in suits that were not pending on June 11, 1987.

First Bank of Boaz v. Fielder · filed 1991-11-15

This suit was not pending on June 11, 1987; therefore, the applicable standard of review with respect to the sufficiency of the evidence under the misrepresentation count is the "substantial evidence" rule. See Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a summary judgment nonmovant in an action filed after June 11, 1987, to present evidence from which reasonable people could infer the fact to be proved.

Cain v. Sheraton Perimeter Park South Hotel · filed 1991-12-20

This action was filed after June 11, 1987; therefore, the "substantial evidence" standard applies. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). Under the substantial evidence test the nonmovant must present "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 makes the substantial evidence rule the applicable standard of review for an action filed in October 1987.

Padgett v. Neptune Water Meter Co., Inc. · filed 1991-08-09

The present action was filed in October 1987; therefore, the applicable standard of review is the "substantial evidence" rule. See § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires the nonmovant, after the movant makes a prima facie showing, to rebut it with substantial evidence from which a fair-minded person could infer the fact sought to be proved.

Lee v. City of Gadsden · filed 1992-01-24

"Substantial evidence" is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." Ala.Code 1975, § 12-21-12, West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 requires substantial evidence to establish a genuine issue of material fact and defeat summary judgment.

Gillion v. Alabama Forestry Ass'n · filed 1992-01-31

Mrs. Gillion must prove her case by substantial evidence. Ala.Code 1975, § 12-21-12. ... There is substantial evidence in the record that, if believed by a factfinder, would entitle Gillion to recover for breach of contract.

Section 12-21-12 requires substantial evidence to raise a genuine issue of material fact on summary judgment.

Blackwell v. Williams · filed 1992-01-31

The applicable standard of review is the “substantial evidence” rule. § 12-21-12, Ala.Code 1975: “[Sjubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” ... The evidence presented by Blackwell on the estate’s motion for summary judgment was not sufficient to raise a genuine issue of material fact for the jury as to whether she was a known or reasonably ascertainable creditor.

Section 12-21-12 applies the substantial evidence standard to cases filed after June 11, 1987; evidence must permit a reasonable inference of the fact to be proved.

Logan v. Winn-Dixie Atlanta, Inc. · filed 1992-02-07

Because Logan filed this case after June 11, 1987, the "substantial evidence rule" applies. Ala.Code 1975, § 12-21-12. Substantial evidence is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12 defines substantial evidence as evidence from which fair-minded people can reasonably infer the fact to be proved.

Patterson v. Browns · filed 1992-02-14

Substantial evidence is "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.”

Section 12-21-12(d)'s substantial evidence rule applies to actions filed after June 11, 1987, and permits a claim to reach the jury when the evidence reasonably supports the fact the plaintiff must prove.

Dunklin v. Winn-Dixie of Montgomery, Inc. · filed 1992-03-13(d)

Because this action was filed after June 11, 1987, the "substantial evidence rule," set out at Ala.Code 1975, § 12-21-12(d), applies. ... Accordingly, the trial court erred in holding that the plaintiff had produced no substantial evidence that the defendant had actual or constructive notice of the water on the floor.

Section 12-21-12 applies the substantial evidence rule in place of the former scintilla rule when deciding whether evidence is sufficient to submit a claim to a jury.

Weller v. Riverchase Center Associates · filed 1992-03-27

The "scintilla rule" is no longer in effect in Alabama; however, the "substantial evidence rule," which is now in effect, is applicable to a situation such as that referred to in the quoted material. See § 12-21-12, Ala.Code 1975.

Section 12-21-12’s substantial-evidence standard applies to actions filed after June 11, 1987.

Kirkpatrick Concrete Co. v. Birmingham Realty Co. · filed 1992-04-03

This action was filed after June 11, 1987; therefore, the "substantial evidence” standard applies. Ala.Code 1975, § 12-21-12.

Section 12-21-12 applies the substantial evidence standard to actions filed after June 11, 1987; substantial evidence permits a reasonable inference of the fact sought to be proved.

Lankford v. Gulf Lumber Co., Inc. · filed 1992-04-10

Because this action was filed after June 11, 1987, the "substantial evidence" rule is the applicable standard of review. Ala.Code 1975, § 12-21-12. "[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."

Section 12-21-12 applies the substantial evidence rule to cases filed after June 11, 1987, requiring sufficient evidence to withstand a directed verdict.

Ballew v. Charter Realty ERA · filed 1992-04-17

Because this case was filed after June 11, 1987, the substantial evidence rule applies. Ala.Code 1975, § 12-21-12. ... The Ballews failed to produce substantial evidence of a breach of contract by the defendants to withstand the defendants' motion for a directed verdict.

Section 12-21-12 supplies the substantial evidence standard for cases filed after June 11, 1987.

Pope v. World Omni Financial Corp. · filed 1992-05-08

This case was filed after June 11, 1987; therefore, the applicable standard of review is the "substantial evidence" rule. Ala.Code 1975, § 12-21-12; Rule 56, A.R.Civ.P.

Section 12-21-12 requires substantial evidence to meet the burden of proof in an action that was not pending on June 11, 1987.

Rhodes v. Alabama Power Co. · filed 1992-05-22

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that Rhodes meet his burden by "substantial evidence."

Section 12-21-12 allows a negligence issue to go to the jury when testimony provides substantial evidence, leaving conflicts in that testimony for the jury to weigh.

Pilkington ex rel. Pilkington v. Peking Chinese Restaurant, Inc. · filed 1992-02-28

The plaintiff, however, does not cite any authority in support of this argument, except Ala.Code 1975, § 12-21-12, the substantial evidence rule. Mrs. Gaskins’s testimony does provide substantial evidence from which the jury could find that Mr. Pilkington was negligent and that his negligence caused the accident. Any contradiction between the first answer quoted above and the remainder of her testimony created only a question for the jury as to her credibility and the weight to give her testimony.