Ala. Code § 12-21-12

Section 12-21-12 requires substantial evidence of a genuine factual issue to defeat summary judgment in cases filed after June 11, 1987.

Smith v. Medtronic, Inc. · filed 1992-08-28

In this case, based on our review of the record, we hold that Smith presented substantial evidence to create a genuine issue of fact as to the "date of the injury-producing malfunction" and thereby to defeat Medtronic's motion for summary judgment.

Section 12-21-12 applies the substantial evidence rule to summary judgment; evidence is substantial when fair-minded people could reasonably infer the fact to be proved.

Potts v. BE & K CONST. CO. · filed 1992-09-04

This action was filed on April 10, 1991; therefore, the applicable standard of review is the "substantial evidence rule." See § 12-21-12, Ala.Code 1975. "[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." ... Therefore, we hold that there is a genuine issue of fact as to whether BE & K's actions were adequate and, therefore, that there is a genuine issue of fact as to whether BE & K "ratified" Sanders's conduct.

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

Cason v. Oliver · filed 1992-09-04

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 to create a genuine issue of material fact in an action filed after June 11, 1987.

Pack v. Blankenship · filed 1992-09-11

Because this action was filed after June 11, 1987, the applicable standard of review is the "substantial evidence" rule. Ala.Code 1975, § 12-21-12. ... At that point, the burden shifted to Pack to present "substantial evidence" creating a genuine issue of material fact as to whether Blankenship's actions were taken in fulfillment of a discretionary function or in fulfillment of a ministerial function. This we find Pack did not do; therefore, we affirm the trial court's summary judgment on the negligence counts.

Section 12-21-12 requires substantial evidence to defeat summary judgment: evidence from which fair-minded people could reasonably infer the fact at issue.

Thetford v. City of Clanton · filed 1992-09-18

The present action was filed in April 1990; therefore, the applicable standard of review is the "substantial evidence rule." See § 12-21-12, Ala.Code 1975. "[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). Therefore, the issue on appeal is whether substantial evidence was presented to preclude summary judgment in favor of the hotel defendants and the City.

Section 12-21-12(a) requires substantial evidence to support an issue of fact on a motion for summary judgment.

Brownfield v. Revco D.S., Inc. · filed 1992-10-02(a)

Also, Ala.Code 1975, § 12-21-12(a), requires that "[p]roof by substantial evidence shall be required for purposes of testing the sufficiency of the evidence to support an issue of fact in rulings by the court, including ... motions for summary judgment." ... Based on the foregoing, we hold that Brownfield failed to produce substantial evidence that his injury arose out of his employment.

Section 12-21-12 requires substantial evidence to establish a genuine issue of material fact in civil actions filed after June 11, 1987.

Graveman v. Wind Drift Owners' Ass'n, Inc. · filed 1992-10-30

The present action was filed after June 11, 1987; therefore, the movant must meet the burden of establishing the existence of a genuine issue of material fact by substantial evidence. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, supra. ... Because Graveman did not present substantial evidence of a legal duty owed by the defendant Wind Drift to his daughter, he did not rebut Wind Drift's prima facie showing that it had not acted negligently or wantonly.

Section 12-21-12 applies the substantial evidence rule to summary judgment motions in cases filed after June 11, 1987; a nonmovant must present substantial evidence creating a genuine issue of material fact.

Aetna Insurance Co. v. Word · filed 1992-11-06

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 creating a genuine issue of material fact.

Section 12-21-12 requires substantial evidence to defeat a properly supported summary judgment motion in actions filed after June 11, 1987.

Ex Parte Williams · filed 1992-12-11

Rule 56 is 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 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."

In cases filed after June 11, 1987, a party opposing a properly supported summary judgment motion must present substantial evidence in support of its position.

Hale v. SEQUOYAH CAVERNS AND CAMPGROUNDS · filed 1992-12-11

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.

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

Allstate Ins. Co. v. Beavers · filed 1992-12-11

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 supplies the substantial evidence standard for reviewing summary judgment in an action filed in June 1991.

Fleming v. Arrington · filed 1992-12-11

The present action was filed in June 1991; 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.

Clements v. MISSISSIPPI VALLEY TITLE INS. · filed 1992-12-18

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

Section 12-21-12 requires substantial evidence of a disputed material fact to defeat summary judgment.

Sharer v. Creative Leasing, Inc. · filed 1993-01-15

The present action was filed in July 1991; therefore, the applicable standard of review is the "substantial evidence rule." See § 12-21-12, Ala.Code 1975. ... Therefore, the provisions of Article 9 of the U.C.C. do not apply to the agreement and the subsequent sale of the truck, and Sharer's assertion as to the value of the truck is not substantial evidence creating a disputed issue of material fact sufficient to defeat Creative Leasing's motion for summary judgment.

Section 12-21-12 requires a party opposing summary judgment in an action filed after June 11, 1987, to present substantial evidence of a genuine issue of material fact.

Wilma Corp. v. Fleming Foods of Alabama · filed 1993-01-29

The present action was filed after June 11, 1987; therefore, the nonmovant must establish the existence of a genuine issue of material fact by presenting substantial evidence.

Section 12-21-12 requires substantial evidence to overcome a supported motion for summary judgment.

Robinson v. City of Huntsville · filed 1993-02-05

The “scintilla rule” was abolished by Ala. Code 1975, § 12-21-12. Therefore, in order for Robinson to overcome the motion for summary judgment, he must show “substantial evidence” in support of his position.

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

Gilmore v. Shell Oil Co. · filed 1993-02-26

In order to defeat a properly supported motion for summary judgment, the nonmovant must show that a genuine issue as to a material fact exists and that resolution of this disputed fact is determinative of an issue to be decided. This factual dispute must be created by "substantial evidence." See § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine factual issue once the moving party makes a prima facie showing.

Loper v. Odom · filed 1993-02-26

Initially, the burden is on the movant, but if the movant makes this prima facie showing, then the burden shifts to the nonmovant to present "substantial evidence" creating a genuine issue of material fact. Hilliard v. City of Huntsville Electric Utility Board, 599 So.2d 1108, 1110 (Ala.1992); see Ala.Code 1975, § 12-21-12.

Once a summary judgment movant makes a prima facie showing, the opposing party must present substantial evidence creating a genuine issue of material fact.

Shines v. Alabama Great Southern Railway Co. · filed 1993-02-26

When the movant has carried the burden of making a prima facie showing, by admissible evidence, that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the party opposing the summary judgment motion has the burden of presenting substantial evidence creating a genuine issue of material fact.

After a summary judgment movant makes a prima facie showing, the opposing party must rebut it with substantial evidence.

Preferred Research, Inc. v. First American Title Insurance Co. · filed 1993-02-26

When the trial court ruled on the motion for summary judgment, Preferred Research had offered nothing in opposition to that motion, as required by the substantial evidence rule. ... If the movant makes such a showing, the nonmovant must rebut that showing by “substantial evidence.” See Ala. Code 1975, § 12-21-12.

Section 12-21-12 requires a nonmoving party to show substantial evidence to overcome a properly supported summary judgment motion.

Rogers v. Flowers Specialty Foods, Inc. · filed 1993-03-05

To overcome Flowers’s motion for summary judgment, if it was properly supported, Rogers must show substantial evidence in support of his position.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence creating a genuine issue of material fact once the movant makes a prima facie showing.

Turner v. STATE FARM FIRE AND CAS. · filed 1993-03-12

When the movant has carried the burden of making a prima facie showing, by admissible evidence, that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the party opposing the summary judgment motion has the burden of presenting substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a nonmovant to present substantial evidence to defeat a properly supported summary judgment motion in a case filed after June 11, 1987.

Barnard v. American Medicorp Development, Inc. · filed 1993-03-26

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.

For actions filed after June 11, 1987, a summary judgment nonmovant must produce substantial evidence of a genuine issue of material fact.

National Security Fire & Casualty Co. v. King · filed 1993-03-26

Because this action was filed after June 11, 1987, the nonmovant must meet this 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.

Acstar Ins. v. American Mechanical Contr. · filed 1993-04-16

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."

Once the moving party makes a prima facie showing for summary judgment, the opposing party must present substantial evidence creating a genuine issue of material fact.

Pittman v. Mast Advertising Pub., Inc. · filed 1993-04-30

As the moving party, Mast Advertising had the burden of making a prima facie showing that there was no genuine issue of material fact and that it was entitled to a judgment as a matter of law, but if it made such a showing, then the burden shifted to Mr. Pittman to present substantial evidence creating a genuine issue of material fact, in order to defeat the motion for summary judgment. Hoover v. Tuttle, 611 So.2d 290, 291 (Ala.1992); see Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a party opposing a properly supported summary judgment motion to present substantial evidence creating a genuine issue of material fact in a case filed after June 11, 1987.

Smith v. Scott Paper Co. · filed 1993-04-30

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 creating a genuine issue of material fact.

Section 12-21-12 requires a party opposing a properly supported summary judgment motion to present substantial evidence supporting its claims.

McCloud v. City of Irondale · filed 1993-05-07

To defeat a properly supported motion for summary judgment, the nonmoving party must present substantial evidence to support its claims. Ala.Code 1975, § 12-21-12. ... After reviewing the summary judgment motion and the materials submitted in support of the motion and those in opposition to it, we conclude that Irondale properly supported its motion and that the McClouds failed to present substantial evidence in support of any of their claims against the City of Irondale.

Section 12-21-12 requires a summary judgment opponent to present substantial evidence only after the moving party makes a prima facie showing that no genuine issue of material fact exists.

King v. Colbert County · filed 1993-05-07

If this burden is met, the nonmovant may rebut the prima facie showing with "substantial evidence." Ala.Code 1975, § 12-21-12. ... Considering Colbert County's motion for summary judgment and the brief and affidavits submitted in support thereof, we conclude that Colbert County failed to make a prima facie showing that there was no genuine issue of material fact with regard to these other elements. Therefore, the burden did not shift to King to present substantial evidence in support of his claims against the county.

A party opposing a properly supported summary judgment motion must present substantial evidence supporting its claims.

Rhodes v. General Motors Corp. · filed 1993-05-21

To defeat a properly supported motion for summary judgment, the nonmoving party must present substantial evidence to support its claims. Ala.Code 1975, § 12-21-12.

Once a summary judgment movant makes a prima facie showing that no genuine issue of material fact exists, the opposing party must present substantial evidence creating one.

Oden v. Pepsi Cola Bottling Co. · filed 1993-05-28

When the movant has carried the burden of making a prima facie showing, by admissible evidence, that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the party opposing the summary judgment motion has the burden of presenting substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine issue of material fact once the movant makes a prima facie showing.

Downs v. Wallace · filed 1993-06-11

When the movant has carried the burden of making a prima facie showing, by admissible evidence, that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the party opposing the summary judgment motion has the burden of presenting substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine issue of material fact once the movant makes a prima facie showing.

AC, INC. v. Baker · filed 1993-06-11

When the movant has carried the burden of making a prima facie showing, by admissible evidence, that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the party opposing the summary judgment motion has the burden of presenting substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine issue of material fact once the moving party makes a prima facie showing.

Dorman v. Jackson · filed 1993-06-11

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" showing the existence of a genuine issue of material fact. Ala.Code 1975, § 12-21-12.

For actions filed after June 11, 1987, the substantial evidence rule requires a summary judgment opponent to present substantial evidence once the movant shows that no genuine issue of material fact exists.

Griffin v. Summit Specialties, Inc. · filed 1993-06-18

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). On a motion for 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" in support of his position.

Section 12-21-12(a) requires substantial evidence to support an issue of fact when a court rules on a motion for summary judgment.

Lacey v. AMERICAN SHELL CO., INC. · filed 1993-06-18(a)

Also, Ala.Code 1975, § 12-21-12(a), requires that `[p]roof by substantial evidence shall be required for purposes of testing the sufficiency of the evidence to support an issue of fact in rulings by the court, including ... motions for summary judgment.' ... Based on the foregoing, we hold that Lacey failed to present substantial evidence that an employer-employee relationship existed between American Shell and himself.

Section 12-21-12(d) requires a party opposing summary judgment to present substantial evidence creating a genuine issue of material fact once the movant makes a prima facie showing.

Phillips v. WAYNE'S PEST CONTROL CO., INC. · filed 1993-06-30(d)

If the movant carries this burden, then the nonmoving party must rebut that showing by presenting substantial evidence creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine issue of material fact once the moving party makes a prima facie showing.

Plowman v. Aetna Casualty & Surety Co. · filed 1993-06-30

The burden of making such a showing is upon the party moving for a summary judgment, but if the moving party makes a prima facie showing that there is no genuine issue of material fact and that he is entitled to a judgment as a matter of law, then the burden shifts to the nonmoving party to present substantial evidence creating a genuine issue of material fact.

Once a summary judgment movant makes a prima facie showing that no genuine issue of material fact exists and it is entitled to judgment as a matter of law, the opposing party must present substantial evidence to the contrary.

Wiley v. General Motors Acceptance Corp. · filed 1993-07-09

If GMAC makes a prima facie showing that no genuine issue of material fact exists and that it is entitled to a judgment as a matter of law, then the burden would shift to Wiley to present substantial evidence to the contrary. See Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 798 (Ala.1989).

For actions brought after June 11, 1987, § 12-21-12 requires a nonmovant to offer substantial evidence to overcome a prima facie showing on summary judgment.

Barber v. Fields · filed 1993-07-16

For actions brought after June 11, 1987, the nonmovant must offer "substantial evidence" to overcome the prima facie showing, see 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." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

Section 12-21-12 applies the substantial evidence rule to actions filed after June 11, 1987, without changing the procedure for shifting the burden of proof on summary judgment.

Gaines v. Colonial Bank · filed 1993-07-16

The original complaints in this action were filed after June 11, 1987; therefore, the substantial evidence rule applies. Ala.Code 1975, § 12-21-12. The abolishment of the scintilla rule did not change the procedure concerning the burden of proof.

Section 12-21-12 requires a plaintiff in an action filed after June 11, 1987, to present substantial evidence to defeat a properly supported summary judgment motion.

Fitch v. Voit · filed 1993-07-23

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 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 party opposing summary judgment to present substantial evidence creating a genuine issue of material fact once the movant has made a prima facie showing.

McDaniel v. French Oil Mill MacH. Co. · filed 1993-07-30

When the movant has carried the burden of making a prima facie showing, by admissible evidence, that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the party opposing the summary judgment motion has the burden of presenting substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12.

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

Willingham v. United Ins. Co. of America · filed 1993-07-30

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

A nonmovant opposing a properly supported summary judgment motion must present substantial evidence of a genuine issue of material fact.

Manning Service Co. v. Community Blood & Plasma Corp. · filed 1993-02-26(d)

To rebut a properly supported summary judgment motion, the nonmovant must show, by “substantial evidence,” that there is a genuine issue of material fact for the factfinder to decide. Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 requires a party opposing a properly supported summary judgment motion to present substantial evidence, meaning evidence from which fair-minded people could reasonably infer the fact at issue.

Todd v. Modern Woodmen of America · filed 1993-04-16(c)

The standard of review applicable to a summary judgment is the "substantial evidence" rule. Under this rule, once the movant has shown, prima facie, that there is no genuine issue as to any material fact and that he is entitled to a judgment as a matter of law, the nonmovant must introduce "substantial evidence" to rebut this showing. "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., 547 So.2d 870, 871 (Ala. 1989); Ala.Code 1975, § 12-21-12(c).

For actions filed after June 11, 1987, § 12-21-12 requires a party opposing a properly supported summary judgment motion to present substantial evidence creating a genuine issue of material fact.

Woodruff v. LEIGHTON AVE. OFFICE PLAZA · filed 1993-04-30

Rule 56 is 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 properly supported motion for summary judgment, the nonmoving party must present "substantial evidence" creating a genuine issue of material fact, 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 a party opposing summary judgment to present substantial evidence creating a genuine issue of material fact once the movant has made a prima facie showing.

Day v. Providence Hospital · filed 1993-05-07(d)

If the movant carried this burden, we must determine if, in response, the nonmovant presented “substantial evidence” creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12(d).

Section 12-21-12 requires a party opposing summary judgment in an action filed after June 11, 1987, to present substantial evidence creating a genuine issue of material fact.

Diamond v. Aronov · filed 1993-05-14

This action was filed after June 11, 1987; therefore, the nonmovant, Diamond, had to carry his burden by presenting "substantial evidence" that created 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 from which a reasonable person could infer the disputed fact.

Garris v. A & M Forest Consultants, Inc. · filed 1993-05-28

Rule 56 is 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 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 party opposing a properly supported summary judgment motion to present substantial evidence creating a genuine issue of material fact.

Soniat v. Johnson-Rast & Hays · filed 1993-06-30

In order to defeat a properly supported motion for summary judgment, the nonmovant must present "substantial evidence" supporting the nonmovant's position and creating a genuine issue of material fact. See § 12-21-12, Ala. Code 1975; Ala.R.Civ.P. 56. ... Therefore, reviewing the evidence before the trial court on the summary judgment motion, we hold that the Soniats presented substantial evidence from which the jury could infer that the defendants knowingly concealed a material fact.

Section 12-21-12 requires a party opposing summary judgment to produce substantial evidence creating a genuine issue of material fact once the moving party makes a prima facie showing.

Harrington v. Guaranty Nat. Ins. Co. · filed 1993-07-30

To rebut the movant's prima facie showing, the nonmovant must produce, in support of his or her claim, "substantial evidence" creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine issue of material fact once the moving party makes a prima facie showing.

McGarry v. Flournoy · filed 1993-08-06

Once the moving party makes such a prima facie showing, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Specialty Container Mfg., Inc. v. Rusken Packaging, Inc., 572 So.2d 403 (Ala.1990).

Section 12-21-12 requires a party opposing summary judgment in an action not pending on June 11, 1987, to offer substantial evidence to overcome a prima facie showing.

Pate v. Rollison Logging Equipment, Inc. · filed 1993-08-06

Because this action was not pending on June 11, 1987, the nonmoving party must offer "substantial evidence" to overcome the prima facie showing. Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence once the movant makes a prima facie showing of entitlement to judgment.

Thomas v. BSE Indus. Contractors, Inc. · filed 1993-08-20

The applicable standard for this Court's review of a summary judgment is the substantial evidence rule. Under this rule, once the movant has shown, prima facie, that there is no genuine issue as to any material fact and that he is entitled to a judgment as a matter of law, the nonmovant must introduce substantial evidence to rebut this showing. A.R.Civ.P. 56; Ala.Code 1975, § 12-21-12.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine factual dispute after the moving party makes a prima facie showing.

Metmor Financial, Inc. v. COMMONWEALTH LAND TITLE INS. · filed 1993-08-20

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.1990).

For actions filed after June 11, 1987, a party opposing summary judgment must present substantial evidence of a genuine issue of material fact.

Subway Real Estate Corp. v. Century Plaza Co. · filed 1993-08-20

The present action was filed after June 11, 1987; therefore, the nonmovant has the burden of establishing the existence of a genuine issue of material fact and must carry that burden by presenting substantial evidence. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, supra.

Section 12-21-12 requires a plaintiff to present substantial evidence to overcome a defendant’s prima facie showing on summary judgment.

Gaut v. Medrano · filed 1993-09-03

Therefore, on a motion for summary judgment, the defendants have the burden of establishing a prima facie showing as to each element of the defense of exclusivity; if the defendants are able to carry this burden, then the plaintiff must present substantial evidence to overcome this prima facie case. A.R.Civ.P. 56; Ala.Code 1975, § 12-21-12.

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

Kelly v. Connecticut Mut. Life Ins. Co. · filed 1993-09-03

Thus, the burden shifted to each plaintiff, as nonmovant, to produce substantial evidence creating a genuine issue of material fact or indicating that Connecticut Mutual was not entitled to a judgment as a matter of law. Ala.Code 1975 § 12-21-12; Rule 56(c), Ala. R.Civ.P.; Howard, supra, at 381.

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

Harding v. Pierce Hardy Real Estate · filed 1993-09-03

In order to defeat a properly supported motion for summary judgment, the nonmovant must present "substantial evidence" supporting his position and creating a genuine issue of material fact. See § 12-21-12, Ala.Code 1975; Ala.R.Civ.P. 56. "[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 a party opposing summary judgment to present substantial evidence of a genuine factual dispute once the movant makes a prima facie showing that none exists.

Jackson v. CIT GROUP/SALES FINANCING · filed 1993-09-10

When the movant makes a prima facie showing that no genuine issue of material fact exists, the nonmovant then has the burden to introduce substantial evidence creating such an issue. Rule 56; § 12-21-12, Ala.Code 1975; Bean v. Craig, 557 So.2d 1249, 1252 (Ala.1990).

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

Cantrell v. North River Homes, Inc. · filed 1993-10-15

To defeat the defendants' properly supported motion for summary judgment, Cantrell must present substantial evidence supporting his defamation claim and creating a genuine issue of material fact. Id.; § 12-21-12, Ala. Code 1975; 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 creating a genuine issue of material fact in actions filed after June 11, 1987.

McLemore v. Ford Motor Co. · filed 1993-10-15

Rule 56 is 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 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 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence in actions filed after June 11, 1987.

Hodges Wholesale Cars v. AUTO DEALER'S · filed 1993-11-24

Rule 56 is read in conjunction with the "substantial evidence rule," Ala.Code 1975, § 12-21-12, for actions filed after June 11, 1987. ... In order to defeat a 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 party opposing a properly supported summary judgment motion in an action filed after June 11, 1987, to present substantial evidence creating a genuine issue of material fact.

Voyager Guar. Ins. Co., Inc. v. Brown · filed 1993-11-24

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 properly supported motion for summary judgment, the opposing party must present substantial evidence creating a genuine issue of material fact.

For actions filed after June 11, 1987, a party opposing a properly supported summary judgment motion must present substantial evidence creating a genuine issue of fact.

American Bankers Life Assurance Co. of Florida v. City of Birmingham · filed 1993-12-30

Rule 56 is 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 properly supported motion for summary judgment, the opposing party must present substantial evidence creating a genuine issue of fact.

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

Davis v. University of Montevallo · filed 1994-01-07

In looking at the evidence in this cause, this court has viewed the motion in a light most favorable to the nonmovant [ Ryan v. Charles Townsend Ford, Inc., 409 So.2d 784 (Ala.1981)] and has applied the substantial evidence rule (Ala.Code 1975, § 12-21-12). ... After carefully considering the foregoing order, in light of the record, we are satisfied that Davis failed to present any substantial evidence creating a genuine issue of material fact; therefore, the summary judgment was proper. We adopt the trial court's order as part of our opinion.

Section 12-21-12 requires a nonmovant to present substantial evidence only after the movant makes a prima facie showing that no genuine issue of material fact exists.

Bradford v. Universal Const. Co., Inc. · filed 1994-01-14

The defendants did not make a prima facie showing that there was no genuine issue of material fact; therefore, the burden did not shift to the Bradfords to offer substantial evidence in support of their negligence claim. Graveman, 607 So.2d at 202-03, citing Ala.Code 1975, § 12-21-12, and Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989).

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine factual dispute once the moving party makes a prima facie showing.

Layne v. Carr · filed 1994-01-21

Once the moving party makes a prima facie showing that there is no genuine issue of material fact, the burden shifts to the nonmovant to present substantial evidence creating such an issue of fact. Ala. Code 1975, § 12-21-12; Mallisham v. Kiker, 630 So.2d 420 (Ala.1993); Specialty Container Mfg., Inc. v. Rusken Packaging, Inc., 572 So.2d 403 (Ala.1990).

For actions filed after June 11, 1987, § 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

Nipper v. Variety Wholesalers, Inc. · filed 1994-01-28

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."

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

Hall v. CSX Transp., Inc. · filed 1994-01-28

The nonmovant must meet this burden by substantial evidence. Ala. Code § 12-21-12 (1975); Bass v.SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala. 1989).

Section 12-21-12 requires a nonmoving party to present substantial evidence to defeat summary judgment in a case filed after June 11, 1987.

Brantley v. Proactive Insurance Corp. · filed 1994-02-18

Because this case was filed after June 11, 1987, the nonmoving parties — the Brantleys — had to meet this burden by presenting “substantial evidence.” ... Viewing this evidence in a light most favorable to the Brantleys, we conclude that there is a jury question as to whether Proactive had a lawful basis for refusing to pay the claim and as to whether Proactive properly investigated the claim.

Section 12-21-12 requires substantial evidence of a fact needed to defeat a properly supported motion for summary judgment.

Nunnelee v. City of Decatur · filed 1993-09-03

We hold that the plaintiff failed to show, by substantial evidence, that the defendants "knew" that Robinson was intoxicated.

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

Allen v. Delchamps, Inc. · filed 1993-09-10

Rule 56(c), Ala.R.Civ.P., provides that summary judgment is proper when the movant makes 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, unless the nonmovant rebuts that showing by substantial evidence creating a genuine issue of material fact. See § 12-21-12, Ala.Code 1975; Cain v. Sheraton Perimeter Park S. Hotel, 592 So.2d 218, 219-20 (Ala.1991). ... That evidence is sufficient to raise a genuine issue of material fact as to whether the statute was violated and whether the violation, if any, proximately caused the injury. Thus, the summary judgment is improper as to the negligence and wantonness claim.

Once a summary judgment movant makes a prima facie showing, the nonmovant must provide substantial evidence supporting its position.

Morgan v. NORTHEAST ALABAMA REG. MED. CTR. · filed 1993-09-10

If the movant is able to make this prima facie showing, the burden then shifts to the nonmovant to provide substantial evidence in support of his position. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989). ... He presented substantial evidence in support of that claim, and the judgment is therefore due to be reversed and the cause remanded.

Section 12-21-12 requires a party opposing summary judgment in an action filed after June 11, 1987, to present substantial evidence of a genuine issue of material fact.

Hicks v. Alabama Power Co. · filed 1993-09-10

This action was filed after June 11, 1987; therefore, the nonmovant must meet the burden of establishing the existence of a genuine issue of material fact by substantial evidence. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, supra.

Section 12-21-12 requires substantial evidence from which fair-minded persons could reasonably infer a disputed fact; combined expert testimony can meet that burden on causation.

Tidwell v. Upjohn Co. · filed 1993-09-10

Accordingly, viewing this evidence in a light most favorable to Mrs. Tidwell, we conclude that she has presented "substantial evidence" of probable causation, and we conclude that the summary judgment in favor of Upjohn must be reversed.

Section 12-21-12 requires the nonmoving party to show by substantial evidence that a factual issue exists once the moving party has made its summary judgment showing.

Gilley v. Barnett · filed 1993-09-10

When the moving party makes such a showing, the burden shifts to the non-moving party to show by substantial evidence that an issue of fact does exist. Ala.Code 1975, § 12-21-12; Specialty Container Mfg., Inc. v. Rusken Packaging, Inc., 572 So.2d 403 (Ala.1990).

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

Rumford v. Valley Pest Control, Inc. · filed 1993-09-24

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. Ala.Code 1975, § 12-21-12.

Section 12-21-12 prevents summary judgment when substantial evidence supports the nonmoving party's allegations and creates a genuine issue of material fact.

Griffin v. American Bank · filed 1993-10-15

If there is "substantial evidence" supporting the allegations made by the nonmoving party and creating a genuine issue of material fact, then a summary judgment is not proper. § 12-21-12, Ala.Code 1975. Because Griffin filed no evidentiary material in opposition to the motion for summary judgment, there was no evidence to contradict that presented by the plaintiff.

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

Whiteside v. Movies 10 · filed 1993-10-15

Rule 56 is read in conjunction with the “substantial evidence rule” (§ 12-21-12, Ala.Code 1975), for actions filed after June 11,1987. ... On a motion for summary judgment, when the movant makes a prima facie showing that no genuine issue of material fact exists, as the defendant did in this case, the burden shifts to the non-movant to present “substantial evidence” supporting his position and creating a genuine issue of material fact. ... This the plaintiff failed to do.

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

Shaw v. CB & E., INC. · filed 1993-10-29

After the movant has made a prima facie showing that there is no genuine issue of material fact, the burden shifts to the nonmovant to present substantial evidence creating such an issue. Lee. 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. ... The plaintiff presented no substantial evidence that C.B. & E. controlled the method and manner of Cooper's work or that it reserved the power to do so.

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

Graham v. Shoals Distributing, Inc. · filed 1993-12-03

Once the moving party makes such a prima facie showing, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. Ala. R.Civ.P. 56(e); Ala.Code 1975, § 12-21-12; Specialty Container Mfg., Inc. v. Rusken Packaging, Inc., 572 So.2d 403 (Ala.1990).

Section 12-21-12 requires a party opposing a summary judgment motion supported by a prima facie showing to present substantial evidence creating a genuine issue of material fact.

Turner v. Servicemaster · filed 1994-01-21

Once the moving party has made a prima facie showing that there is no genuine issue of material fact, the non-moving party must rebut that showing, by presenting substantial evidence to create a genuine issue of material fact, § 12-21-12, Ala.Code 1975; Hope v. Braman, 557 So.2d 1208 (Ala.1990). ... The Turners presented no substantial evidence to the contrary.

Section 12-21-12 requires substantial evidence from which a reasonable person could infer a material fact to avoid summary judgment.

E.H. v. Overlook Mountain Lodge · filed 1994-01-28

The issue before us is whether the plaintiffs presented substantial evidence creating a genuine issue of material fact that would preclude a summary judgment for Overlook. Rule 56, A.R. Civ.P.; § 12-21-12, Ala.Code 1975. "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." ... Without substantial evidence of facts creating a duty, the circuit court properly entered the summary judgments.

For actions filed after June 11, 1987, § 12-21-12 requires a plaintiff to present substantial evidence to defeat a properly supported summary judgment motion.

Shows v. Donnell Trucking Co. · filed 1994-01-28

Rule 56 is 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 party opposing a properly supported summary judgment motion to present substantial evidence creating a genuine issue of fact in actions filed after June 11, 1987.

Century 21 AAA Better Homes, Inc. v. Southtrust Bank of Calhoun County, N.A. · filed 1994-02-25

Rule 56 is 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 properly supported motion for summary judgment, the opposing party must present substantial evidence creating a genuine issue of fact.

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

Quad Cities Nissan, Inc. v. Griffin · filed 1994-03-04

Based on the evidence as viewed in the light most favorable to Quad Cities and McGonigle, we hold that they presented substantial evidence that Griffin suppressed the fact that there had been a prior salvage title on the car, misrepresented the actual repairs performed on the car, and misrepresented the purpose of the statement at the bottom of the bill of sale; thus, they defeated Griffin's motion for summary judgment—the evidence did not entitle Griffin to a judgment as a matter of law.

For actions filed after June 11, 1987, § 12-21-12 requires substantial evidence creating a genuine issue of material fact to defeat a properly supported motion for summary judgment.

Hambright v. First Baptist Church · filed 1994-03-18

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. ... As noted above, substantial evidence creating a genuine issue of material fact is required to rebut a properly supported motion for summary judgment.

For actions filed after June 11, 1987, § 12-21-12 requires substantial evidence to defeat a properly supported summary judgment motion.

Crowne Investments, Inc. v. Bryant · filed 1994-03-25

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 requires a party opposing a properly supported summary judgment motion to present substantial evidence creating a genuine issue of material fact.

Simmons v. Birmingham Board of Education · filed 1994-03-25

In order to defeat a properly supported summary judgment motion, the nonmovant must present “substantial evidence” that creates a genuine issue of material fact.

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

Capital Alliance Ins. v. Thorough-Clean · filed 1994-04-01

To defeat a properly supported summary judgment motion, the nonmoving party must present "substantial evidence" creating a genuine issue of material fact—"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 create a genuine issue of material fact when opposing a properly supported summary judgment motion.

Dailey v. Housing Authority · filed 1994-04-01

The defendants properly supported their summary judgment motion; it was not rebutted by substantial evidence creating a genuine issue of material fact. Rule 56(c), Ala. R.Civ.P.; § 12-21-12, Ala.Code 1975.

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

Golden v. Bank of Tallassee · filed 1994-04-08

In order to defeat a defendant’s properly supported motion for summary judgment, the plaintiff must create a genuine issue of material fact by presenting 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).

For actions filed after June 11, 1987, § 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

Martin v. Arnold · filed 1994-04-29

Rule 56 must be considered 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 substantial evidence of agency to defeat summary judgment after the defendant makes a prima facie showing that no agency relationship existed.

Malmberg v. American Honda Motor Co., Inc. · filed 1994-05-06

When a defendant's liability is to be based on agency, agency may not be presumed; rather, when on a motion for summary judgment a defendant has made a prima facie showing that there was no agency relationship, the party asserting agency has the burden of presenting substantial evidence of the alleged agency. ... However, we hold that this evidence, together with the other evidence presented by Malmberg, was sufficient to create a genuine issue of material fact as to whether Tri-States was American Honda's agent with respect to the representation regarding the Honda warranty.

Once a summary judgment movant makes a prima facie showing that no material fact is disputed, § 12-21-12 requires the nonmovant to produce substantial evidence creating a dispute.

Mardis v. Ford Motor Credit Co. · filed 1994-05-20

Once the party moving for a summary judgment has made a prima facie showing that there is no dispute as to the material facts of the case, the burden shifts to the nonmovant to produce "substantial evidence" creating such a dispute. § 12-21-12, Ala.Code 1975; Bean v. Craig, 557 So.2d 1249, 1252 (Ala.1990).

Section 12-21-12 requires a plaintiff to produce substantial evidence to defeat summary judgment only after the defendant makes a prima facie showing that no genuine issue of material fact exists.

Cowen v. M.S. Enterprises, Inc. · filed 1994-05-27

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. ... Because the defendants failed to make that showing, the burden did not shift to Cowen to produce substantial evidence to rebut the summary judgment motion. Rule 56(c). Cowen had no obligation to offer substantial evidence of a material fact; however, it is clear that her deposition presented substantial evidence of a material fact that would have overcome the defendant's motion, had the defendants' motion made the prima facie showing required under Rule 56.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence creating a genuine issue of material fact once the moving party makes a prima facie showing.

Overton v. Amerex Corp. · filed 1994-05-27

Once the moving party makes such a prima facie showing, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. Ala.R.Civ.P. 56(e); Ala.Code 1975, § 12-21-12; Specialty Container Mfg., Inc. v. Rusken Packaging, Inc., 572 So.2d 403 (Ala.1990). ... We conclude that Overton offered substantial evidence creating a genuine issue of material fact as to whether the reasons offered by Amerex for her termination were a pretext for an impermissible termination.

For actions filed after June 11, 1987, the substantial evidence rule requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence.

Miller v. Santiago · filed 1994-05-27

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 applies the substantial evidence rule at summary judgment in actions filed after June 11, 1987.

Boyd v. Sears Roebuck and Co. · filed 1994-06-17

Rule 56 is read in conjunction with the "substantial evidence rule" (§ 12-21-12, Ala. Code 1975), for actions filed after June 11, 1987.

Section 12-21-12 applies the substantial-evidence rule to summary-judgment motions in cases filed after June 11, 1987, requiring the nonmovant to present substantial evidence of a genuine issue of material fact.

Pinyan v. Community Bank · filed 1994-06-24

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; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989). In order to defeat a properly supported motion for summary judgment, the nonmovant must present in support of his position substantial evidence creating a genuine issue of material fact.

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence from which reasonable jurors could infer a material fact.

Miller v. Dobbs Mobile Bay, Inc. · filed 1995-02-24

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). ... Clearly, on the breach of contract claim Mrs. Miller met her burden of establishing a genuine issue of material fact, and the trial court erred in entering a summary judgment in favor of Ford Life as to that claim.

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

Burgess v. Alabama Power Co. · filed 1995-03-10

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 creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12.

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

Bullion v. JMBL, INC. · filed 1995-03-17

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 supporting his position and creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Betts v. Mc-Donald's Corp., 567 So.2d 1252 (Ala.1990).

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

Casey v. Estes · filed 1995-03-17

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 creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Betts v. McDonald's Corp., 567 So.2d 1252 (Ala.1990).

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

State v. Delaney's, Inc. · filed 1995-03-17

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. See West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). The record clearly reflects that the Taxing Authorities presented substantial evidence in support of their position that the Taxpayers' use of the 11 parcels of property has changed to the point that they are no longer entitled to current use valuation.

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

Craig v. City of Mobile · filed 1995-03-24

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; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala. 1989). Thus, in order to defeat a properly supported motion for summary judgment, the nonmovant must present in support of his position substantial evidence creating a genuine issue of material fact.

Section 12-21-12 requires a plaintiff to present substantial evidence of a genuine issue of material fact to defeat a properly supported summary judgment motion in an action filed after June 11, 1987.

Smith v. Wallace · filed 1995-03-24

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. ... We further hold that the evidence was sufficient to create a genuine issue of material fact, and, therefore, the summary judgment for Wallace, Rhodes, Stumpe, and Wilson was inappropriate.

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

Downey v. Mobile Infirmary Medical Center · filed 1995-04-14

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 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 party opposing a properly supported summary judgment motion to present substantial evidence.

Carter v. Cantrell MacHine Co., Inc. · filed 1995-04-14

In order to defeat a properly supported motion for a summary judgment, the nonmovant must present substantial evidence in support of his position. Ala.Code 1975, § 12-21-12.

Once a summary judgment movant makes a prima facie showing, the nonmovant must present substantial evidence creating a genuine issue of material fact.

Baker v. Hanks · filed 1995-05-05

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 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 plaintiff to present substantial evidence to defeat a properly supported summary judgment motion in an action filed after June 11, 1987.

Carter v. Innisfree Hotel, Inc. · filed 1995-05-12

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.

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

Huff v. United Ins. Co. of America · filed 1995-05-26

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). ... Mrs. Huff presented no substantial evidence to rebut United and McClanahan's prima facie showing that no genuine issue of material fact existed as to her fraud claims. Therefore, we must affirm the judgment of the trial court.

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

Quimby v. Memorial Parks, Inc. · filed 1995-06-09

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). Under the substantial evidence rule, once the movant makes a prima facie showing that there is no genuine issue of material fact, the nonmovant must rebut that showing by presenting "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 party opposing summary judgment to present substantial evidence creating a genuine issue of material fact.

McClurkin v. Ziebach & Webb Timber Co. · filed 1995-07-14

Upon review of the facts given, we hold that Shirley McClurkin has satisfied her obligation under the substantial evidence rule — she has presented evidence creating genuine issues of material fact.

Once a summary judgment movant makes a prima facie showing, the nonmovant must present substantial evidence creating a genuine issue of material fact.

Kervin v. Southern Guar. Ins. Co. · filed 1995-08-11

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 plaintiff opposing a properly supported summary judgment motion to present substantial evidence of a disputed fact.

DOE BAT DOE v. Western Restaurants Corp. · filed 1995-08-18

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). 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 supplies the substantial evidence rule used with Rule 56 in actions filed after June 11, 1987.

Jones v. Crawford & Co. · filed 1995-08-18

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987.

Section 12-21-12 requires a plaintiff to present substantial evidence to defeat a properly supported summary judgment motion in actions filed after June 11, 1987.

Hays v. Olzinger · filed 1995-09-01

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's substantial evidence rule applies to summary judgment motions in actions filed after June 11, 1987.

Holland Manufacturing Co. v. Alabama Power Co. · filed 1995-09-01

Rule 56 is read in conjunction with the substantial evidence rule, § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987.

Section 12-21-12 requires evidence from which a factfinder could reasonably infer a disputed fact to defeat summary judgment.

Peters v. CALHOUN COUNTY COM'N · filed 1995-09-22

Thus, this evidence is sufficient to raise a genuine issue of material fact (see Rule 56(c), Ala.R.Civ.P.), because it is of such weight and quality that the trier of fact could reasonably infer that the Commission could have anticipated that a motorist might accidentally allow a vehicle's wheels to drop off the surface of Coldwater Road. See West v. Founders Life Assurance Co., 547 So.2d 870, 871 (Ala.1989), § 12-21-12, Ala.Code 1975.

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

Allen v. Sconyers · filed 1995-09-22

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 requires a party opposing summary judgment to present substantial evidence of a genuine issue of material fact once the moving party makes a prima facie showing.

Hughes v. Anderson · filed 1995-09-29

Once the moving party has made a prima facie showing that no genuine issue of material fact exists, the nonmoving party must rebut that showing by presenting "substantial evidence" creating a genuine issue of material fact. § 12-21-12, Ala.Code 1975; Dorman v. Jackson, 623 So.2d 1056 (Ala. 1993) (citations omitted).

Section 12-21-12 requires substantial evidence to defeat a properly supported motion for summary judgment in actions filed after June 11, 1987.

Barnett v. Norfolk Southern Railway Co. · filed 1995-10-13

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975, for actions filed after June 11,1987. ... Barnett has provided the substantial evidence required to defeat the defendants’ motion for summary judgment.

For actions filed after June 11, 1987, § 12-21-12 requires a party opposing a properly supported summary judgment motion to present substantial evidence from which fair-minded people could reasonably infer the fact at issue.

Turner v. Pfs Corporation · filed 1995-10-13

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). To defeat a properly supported motion for summary judgment, the opposing party 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’s substantial evidence rule applies alongside Rule 56 to summary judgment motions in actions filed after June 11, 1987.

Jones v. Whitt · filed 1995-10-13

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987.

For actions filed after June 11, 1987, § 12-21-12 requires substantial evidence rather than a scintilla of evidence to defeat a properly supported summary judgment motion.

Lane v. ZONING BD. OF ADJUSTMENT, CITY OF TALLADEGA · filed 1995-10-20

In their brief to this court, the residents argue that if there is a scintilla of evidence supporting the position of the nonmoving party, a summary judgment should not be granted. However, that has not been the law in this state for more than eight years. For actions filed after June 11, 1987, which would include this case, Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975.

For actions filed after June 11, 1987, a plaintiff opposing a properly supported summary judgment motion must present substantial evidence from which a fair-minded person could reasonably infer the fact to be proved.

Mardis v. Robbins Tire & Rubber Co. · filed 1995-11-03

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 party opposing a properly supported summary judgment motion to present substantial evidence from which reasonable people could infer a disputed fact.

Franklin v. City of Huntsville · filed 1995-11-22

Rule 56 is read in conjunction with the "substantial evidence rule" (§ 12-21-12, Ala.Code 1975), for actions filed on or after June 11, 1987. ... Under the substantial evidence rule, the party opposing a properly supported summary judgment motion 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."

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion in an action filed after June 11, 1987, to present substantial evidence.

Day v. Williams · filed 1995-12-01

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’s substantial evidence rule applies with Rule 56 to actions filed after June 11, 1987.

Tucker v. SouthRail Corp. · filed 1995-12-01

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987.

Section 12-21-12 requires a party opposing summary judgment to offer substantial evidence to rebut the movant’s prima facie showing.

Pope v. Elder · filed 1995-12-01

This court need not address Pope’s argument regarding the standard of care because, after reviewing the record, we are convinced that Dr. Elder made a prima facie showing that any failure on his part to properly interpret the subject slide was not the proximate cause of Mrs. Pope’s death, and that Pope offered no substantial evidence to rebut that showing. See § 12-21-12, Ala. Code 1975.

Section 12-21-12’s substantial evidence rule applies alongside Rule 56 to summary judgment motions in actions filed after June 11, 1987.

Davis v. Anderson · filed 1995-12-15

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987.

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

Turner v. Century 21 Reeves Realty, Inc. · filed 1996-01-05

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. ... 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 party opposing summary judgment to present substantial evidence of a genuine issue of material fact.

Pryor v. Brown & Root USA, Inc. · filed 1996-02-02

The nonmovant must meet the burden of establishing by substantial evidence the existence of a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, supra .

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence from which a reasonable person could infer the fact to be proved.

Hurst v. Alabama Power Co. · filed 1996-02-09

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. ... 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." ... The Hursts produced no evidence, only speculation, that APCo interfered with Mrs. Hurst's employment relationship with Samford, Denson.

Section 12-21-12 requires a party opposing a properly supported summary judgment motion to present substantial evidence of a genuine issue of material fact in cases filed after June 11, 1987.

Farmer v. Hypo Holdings, Inc. · filed 1996-02-09

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; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala. 1989). Thus, in order to defeat a properly supported motion for summary judgment, the nonmovants had to present in support of their position substantial evidence creating a genuine issue of material fact.

Section 12-21-12 supplies the substantial evidence standard used with Rule 56 for summary judgment in actions filed after June 11, 1987.

R.B.Z. v. Warwick Development Co. · filed 1996-02-16

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence.

Jarzen v. Wright · filed 1996-02-16

The nonmovant must meet his burden by presenting “substantial evidence.” ... Ala. Code 1975, § 12-21-12.

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence in actions filed after June 11, 1987.

Barber v. Business Products Center, Inc. · filed 1996-02-23

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 plaintiff opposing a properly supported summary judgment motion to present substantial evidence from which fair-minded people could reasonably infer the fact to be proved.

George v. ASSOC. DOCTORS HEALTH INS. · filed 1996-02-23

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 plaintiff opposing a properly supported summary judgment motion in an action filed after June 11, 1987, to present substantial evidence of a disputed fact.

Jones v. State Farm Mutual Automobile Insurance Co. · filed 1996-02-23

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). 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 from which fair-minded people could reasonably infer the fact to be proved.

Scott v. Goins · filed 1996-03-08

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 substantial evidence—evidence from which fair-minded people could reasonably infer a fact—to avoid summary judgment.

Lyon v. Volkswagen of America, Inc. · filed 1996-03-29

The applicable standard of review is the "substantial evidence" rule. § 12-21-12, Ala.Code 1975. "Substantial evidence" is 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). ... Because there is no evidence of record establishing proximate cause, the summary judgment is due to be affirmed.

Section 12-21-12 requires a party opposing summary judgment in an action filed after June 11, 1987, to present substantial evidence creating a genuine issue of material fact.

Copeland v. Samford University · filed 1996-04-05

This action was filed after June 11, 1987; therefore, the nonmovant, ... had to carry his burden by presenting `substantial evidence' that created a genuine issue of material fact, § 12-21-12, Ala. Code 1975. ... The record shows that the Copelands did not present substantial evidence that Samford should have, or that it could have, foreseen that Slagle would or might commit the murder.

Section 12-21-12 applies the substantial evidence standard when deciding whether a party has presented enough evidence to avoid summary judgment.

Calhoun v. PENNSYLVANIA NAT. MUT. CAS. INS. · filed 1996-04-05

The applicable standard of review is the "substantial evidence" rule. § 12-21-12, Ala.Code 1975. "Substantial evidence" is 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).

Section 12-21-12 requires substantial evidence to create a genuine issue of material fact after the moving party makes a prima facie showing on summary judgment.

Langford v. Tyson Foods, Inc. · filed 1996-04-19

Based upon the record evidence, we conclude that Langford presented substantial evidence creating a genuine issue of material fact as to whether the reason offered by Tyson for his termination was a pretext for an impermissible termination.

Section 12-21-12 applies the substantial evidence standard when deciding whether a factual dispute prevents summary judgment.

Meeks v. Thompson Tractor Co. · filed 1996-05-31

The applicable standard of review is the "substantial evidence" rule. § 12-21-12, Ala.Code 1975. ... We conclude that the children presented substantial evidence that Meeks's death arose out of and in the course of his employment.

Section 12-21-12 requires substantial evidence to defeat summary judgment: evidence from which fair-minded people could reasonably infer the fact to be proved.

Amerson v. Gardner · filed 1996-06-21

The applicable standard of review is the "substantial evidence" rule. § 12-21-12, Ala. Code 1975. "Substantial evidence" is 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). ... Amerson needed to present substantial evidence of fraud in order to defeat the motion for summary judgment. We find that the record fails to disclose any fraudulent inducement or fraudulent suppression on the part of the dealership or Gardner.