Ala. Code § 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.

Hamlin v. Norfolk Southern Ry. Co. · filed 1996-07-12

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

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

Waters v. Alabama Farmers Cooperative, Inc. · filed 1996-08-30

“In determining whether the movant has carried that burden, the court is to view the evidence in a light most favorable to the nonmoving party and to draw all reasonable inferences in favor of that party. 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).” ... We conclude that a material issue of fact exists as to whether the worker’s employment aggravated his 1972 back injury.

Section 12-21-12 supplies the substantial evidence standard for reviewing whether a factual dispute prevents summary judgment.

Chambless-Killingsworth & Associates, P.C. v. Osmose Wood Preserving, Inc. · filed 1996-11-22

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.”

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

Tannin, Inc. v. Haston · filed 1996-12-06

Tannin failed to present substantial evidence that the intent of the grantor was to grant an easement only east to the road.

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

Merritt v. WAYNE GARGUS PONTIAC-GMC TRUCK · filed 1996-12-06

For cases filed after June 11, 1987, Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala. Code 1975. ... Thus, even if Merritt's allegations are true, she did not produce substantial evidence to support her claim of conversion.

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

Johnson v. Anderson Ford, Inc. · filed 1996-12-06

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

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

Goodloe v. Laroche Industries, Inc. · filed 1996-12-06

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 supporting each element of the claim.

Mann v. Bank of Tallassee · filed 1996-12-20

To defeat a summary judgment motion on this claim, the Manns had to produce substantial evidence to support each element of their cause of action.

Section 12-21-12 applies the substantial evidence standard when determining whether a genuine issue of material fact prevents summary judgment.

Dixon v. Farm Credit Bank of Texas · filed 1996-12-20

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.”

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

Penttala v. BMW · filed 1997-01-17

Ala.Code 1975, § 12-21-12, mandates that the nonmovant meet his burden by "substantial evidence."

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

Nelson v. Delchamps, Inc. · filed 1997-02-14

Viewing the evidence in a light most favorable to Nelson, we conclude that Nelson presented substantial evidence that she slipped on a liquid in the store.

Section 12-21-12 requires substantial evidence to create a jury question and defeat summary judgment.

Jackson v. Industrial Distribution Services Warehouse, Inc. · filed 1997-02-28

The applicable standard of review is the “substantial evidence” rule. § 12-21-12, Ala. Code 1975. ... Jackson presented substantial evidence in support of his claim that he was at the warehouse at Blount’s request to provide a service that would have been of commercial benefit to IDSW; therefore, the question whether Jackson was a licensee or was an invitee should have been presented to a jury.

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.

Gonzalez v. Blue Cross/Blue Shield of Ala. · filed 1997-03-07

When the moving party has made this prima facie showing, the burden shifts to the nonmoving party to present "substantial evidence" creating a genuine issue of material fact. Id.; § 12-21-12, Ala. Code 1975.

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

Moorer v. City of Greenville · filed 1997-03-21

For cases filed after June 11, 1987, Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala. Code 1975. 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 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 to defeat a properly supported motion for summary judgment.

Tillery v. Security Pacific Financial Services, Inc. · filed 1997-04-04

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975. ... Tillery did not present sufficient evidence that Arndt and Security Pacific had suppressed information from her or that they had a duty to read the loan document to her.

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.

Newton v. Town of Columbia · filed 1997-05-16

We note that Rule 56 is to be read in conjunction with the "substantial evidence rule" (§ 12-21-12, Ala.Code 1975). Hurst v. Alabama Power Co., 675 So.2d 397, 398 (Ala. 1996). 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." Id. (quoting West v. Founders Life Assurance Co., 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 a reasonable person could infer the fact at issue.

Kovalchick v. South Baldwin Hospital · filed 1997-05-16

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala. Code 1975. ... 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 material fact.

Chris Myers Pontiac-GMC, Inc. v. Lewter · filed 1997-05-30

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). To defeat a properly supported motion for a summary judgment, the nonmovant must present substantial evidence creating a genuine issue of material fact.

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

Ex Parte Lumpkin · filed 1997-06-13

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 presenting substantial evidence. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, supra.

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

Jones v. Dudley · filed 1997-07-11

The applicable standard of review is “substantial evidence.” See Ala.Code 1975, § 12-21-12. ... In light of the foregoing, Jones failed to present any substantial evidence regarding the existence of a genuine issue of a material fact.

Section 12-21-12 requires a nonmovant to present substantial evidence creating a genuine factual dispute once the summary judgment movant makes a prima facie showing.

Ex Parte Coleman · filed 1997-08-01

The burden then shifts to the nonmovant to present substantial evidence creating a fact question. Ala.Code 1975, § 12-21-12. ... Based on the foregoing, we hold that Coleman made a prima facie showing that no genuine issue of material fact existed; therefore, the burden shifted to Harper to present substantial evidence creating a genuine issue of material fact. This he failed to do.

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

Openshaw v. HealthSouth Rehabilitation Corp. · filed 1997-08-29

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala. Code 1975. ... 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 that creates a question of fact.

Boyd v. Wal-Mart Stores, Inc. · filed 1997-09-05

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala. Code 1975. ... 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." ... Boyd presented substantial evidence to create a question whether there was an unusual accumulation of rainwater on the floor.

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

Walker v. Mitchell · filed 1997-09-12

We further note that Rule 56 is to be 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 plaintiff opposing a properly supported summary judgment motion to present substantial evidence that creates a genuine issue of material fact.

McDaniel v. Crabtree Industrial Waste, Inc. · filed 1997-09-19

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975. ... 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.” ... He presented substantial evidence that at least creates a genuine issue of material fact.

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

Warehouse Home Furnishing Distributors, Inc. v. Whitson · filed 1997-10-10

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

Forrester v. WVTM TV, INC. · filed 1997-11-14

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala. Code 1975. ... 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." ... He failed to present substantial evidence that the broadcast or any statements made during the broadcast were false; therefore, the trial court properly entered the summary judgment in favor of WVTM.

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

McClung v. McClung · filed 1997-12-05

Viewing the record in a light most favorable to the contestant, we conclude that the contestant presented substantial evidence creating a genuine issue of material fact, i.e., whether Mrs. Easter had the testamentary capacity to execute the will in question.

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

Padgett v. State Farm Fire & Casualty Co. · filed 1997-12-05

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala. Code 1975. ... 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 to rebut the movant's showing.

Buzbee v. Alabama Waste Services, Inc. · filed 1998-01-09

Initially, we note that in determining whether the summary judgment for the defendants was proper, this court must apply the following well-settled standard of review: "The applicable standard for ... 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. [Rule 56(c), Ala. R. Civ. P.]; 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)." Thomas v. BSE Industrial Contractors, Inc., 624 So.2d 1041,1043 (Ala.1993).

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence from which impartial factfinders could reasonably infer the fact at issue.

Holland v. Fidelity Financial Services, Inc. · filed 1998-01-23

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975. ... 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 material fact.

Singleterry v. ABC Rail Products Corp. · filed 1998-02-06

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 properly supported motion for summary judgment, the nonmovant must present substantial evidence creating a genuine issue of material facts; 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 requires a party opposing summary judgment to produce substantial evidence supporting a claim or defense once the movant shows no genuine issue of material fact.

Dillard v. Pittway Corp. · filed 1998-06-19

To do this, the nonmovant must produce "substantial evidence" in support of his or her claim or defense. § 12-21-12, Ala.Code 1975.

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

Sweeney v. CSX Transp., Inc. · filed 1998-06-19

Once the moving party has made a prima facie showing that no genuine issue of material fact exists, the burden shifts to the nonmoving party to produce substantial evidence in support of its position and creating a genuine issue of fact. § 12-21-12, Ala.Code 1974; Chatham v. CSX Transportation, Inc., 613 So.2d 341 (Ala.1993).

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

Shepherd v. Summit Management Co., Inc. · filed 1998-07-10

When the moving party has made a prima facie showing that no genuine issue of material fact exists, then the burden shifts to the nonmoving party to produce substantial evidence creating such an issue. Gray v. Liberty Nat'l Life Ins. Co., 623 So.2d 1156 (Ala.1993); see § 12-21-12, Ala.Code 1975.

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

Hulbert v. State Farm Mutual Automobile Insurance Co. · filed 1998-10-23(a)

After the moving party makes a prima facie showing that summary judgment is proper, the nonmovant, to avoid a summary judgment, generally must present substantial evidence creating a genuine issue of material fact. ... Because the evidence presents a genuine issue of material fact as to whether at the time of the accident the nanny was acting within the scope of her employment, the summary judgment was improper.

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.

Simmons v. Congress Life Insurance · filed 1998-10-23

We note that Rule 56 is to be 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 substantial evidence to defeat a properly supported summary judgment motion when a genuine issue of material fact remains.

Morell v. Tennessee Valley Press, Inc. · filed 1998-11-06

The nonmovant may defeat a properly supported motion for a summary judgment by providing “substantial evidence” indicating 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.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see § 12-21-12, Ala.Code 1975. ... After reviewing the evidence, we conclude that Morell presented substantial evidence establishing a prima facie case of retaliatory discharge.

After a summary judgment movant shows no genuine issue of material fact, § 12-21-12 requires the nonmovant to produce substantial evidence creating one.

Lyles v. Alabama State Docks Terminal Ry. · filed 1998-12-18

Once the moving party has made a prima facie showing that no genuine issue of material fact exists, the burden shifts to the nonmoving party to produce substantial evidence supporting its position 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 from which a reasonable person could infer the disputed fact.

Chapman v. Boise Cascade Corp. · filed 1999-01-15

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975. 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 persons could reasonably infer the fact at issue.

Snyder v. Cadle Co. · filed 1999-04-09

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975. ... 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 to present substantial evidence to defeat a properly supported summary judgment motion; the plaintiff’s burden does not arise until the defendant makes a prima facie showing.

Platt v. ERA Marie McConnell Realty, Inc. · filed 1999-05-07

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 creating a genuine issue of material fact.

Street v. North Alabama Conference for the United Methodist Church · filed 1999-07-16

The nonmovant is not required to “prove” his case in order to defeat a summary judgment motion; he is required only to 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 the disputed fact.

Etheredge v. Flowers · filed 1999-08-13

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975. ... 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 the nonmovant to present substantial evidence of a genuine issue of material fact after the movant makes a prima facie showing for summary judgment.

Carroll v. Hammett · filed 1999-10-01

When the movant 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. See 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 plaintiff opposing a properly supported summary judgment motion to present substantial evidence from which a fair-minded person could reasonably infer the disputed fact.

Sweat v. Prudential Insurance Co. · filed 1999-10-01

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975. ... 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 once the moving party makes a prima facie showing.

Barker v. Towns · filed 1999-10-08

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. ... These facts constituted substantial evidence supporting the wantonness claim; therefore, the issue should have been presented to the jury.

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 the plaintiff seeks to prove.

Cole v. Farmers Exchange Bank · filed 1999-10-15

We further note that Rule 56 is to be 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.”

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

Stevens v. Stanford · filed 1999-11-05(d)

After Stanford made a prima facie showing that he had been operating his vehicle with due care and that Stevens's injuries were not caused by any negligence on his part, the burden then shifted to Stevens to present substantial evidence creating a genuine issue of material fact, in order to avoid the entry of a judgment against him. See Pryor, 674 So.2d at 47; see also § 12-21-12(d), Ala.Code 1975.

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 that none exists.

Ex Parte Dial Kennels of Alabama, Inc. · filed 1999-12-17

This action was filed after June 11, 1987; therefore, the "substantial-evidence rule" of § 12-21-12, Ala.Code 1975, applies. 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 "substantial evidence" that creates 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 genuine issue of material fact.

Lewis v. Mobil Oil Corporation, Inc. · filed 1999-12-17

Rule 56 is read in conjunction with the “substantial evidence rule” (§ 12-21-12, Ala.Code 1975), for actions filed after June 11, 1987. ... 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.” ... The plaintiffs did not carry their burden.

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

Gonzalez v. BLUE CROSS/BLUE SHIELD OF ALA. · filed 2000-01-14

The nonmovant must meet the burden of establishing the existence of a genuine issue of material fact by presenting substantial evidence. § 12-21-12, Ala.Code 1975; and Bass v. SouthTrust Bank of Baldwin County, supra. ... However, we conclude that the Gonzalezes successfully rebutted that prima facie showing by introducing Dr. Ryan's affidavit, which stated that an alternative method of calculation existed that would yield an expected date of delivery of March 2, 1994.

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

Hylton v. Meztista · filed 2000-04-28

Rule 56 is read in conjunction with the "substantial-evidence rule," § 12-21-12, Ala.Code 1975. 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 party opposing summary judgment to establish a genuine issue of material fact with substantial evidence.

Fisher v. Comer Plantation, Inc. · filed 2000-05-19

Moreover, the nonmovant has 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 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.

Safeco Insurance v. Mobile Power & Light Co. · filed 2000-05-26

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). ... Safeco produced evidence that created a genuine issue of material fact as to whether Mobile Power properly performed the installation and/or repair work done at the Loyds’ residence.

A nonmoving party can defeat a properly supported summary judgment motion by presenting substantial evidence that creates a genuine issue of material fact.

Usrey v. Wal-Mart Stores, Inc. · filed 2000-06-28

A nonmoving party can defeat a properly supported summary judgment motion by presenting substantial evidence creating a genuine issue of material fact. ... Usrey presented substantial evidence creating a genuine issue of material fact that should be presented to a jury.

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 has made a prima facie showing.

University of South Alabama v. Escambia County · filed 2000-06-30

the non-moving party must rebut that showing by presenting “substantial evidence” creating a genuine issue 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.

Ex Parte Alfa Mut. General Ins. Co. · filed 1999-06-25(d)

When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present "substantial evidence" creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); § 12-21-12(d) Ala.Code 1975.

Section 12-21-12 requires substantial evidence from which reasonable people could infer a disputed fact when opposing a properly supported summary-judgment motion.

City of Dothan v. Eighty-Four West, Inc. · filed 1999-06-25

Because we do not believe that the City's use of the phrase "surface water" is "substantial evidence" that the water to be diverted by Flowers's earthen dam was surface water, the trial court's judgment concerning this issue must also be reversed.

Section 12-21-12 requires a plaintiff opposing a properly supported summary judgment motion to present substantial evidence from which a jury could reasonably infer the disputed fact.

Woodley v. City of Jemison · filed 1999-06-25

Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975. 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." ... The Woodleys presented substantial evidence from which a jury could reasonably determine that Northcutt was making the obscene telephone calls to Shelby Woodley.

Substantial evidence is evidence from which fair-minded people could reasonably infer the fact at issue; it can create a genuine issue of material fact on summary judgment.

Allen v. Hill · filed 1999-12-03(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). ... After considering Bass's testimony, we conclude that his testimony does create a genuine issue of material fact: whether Hill drove wantonly through the intersection.

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.

Moore v. Adams · filed 1999-12-17

Rule 56 is read in conjunction with the "substantial evidence rule" (§ 12-21-12, Ala. Code 1975), for actions filed after June 11, 1987. ... In order to defeat a 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." ... The plaintiff has produced no "substantial evidence" indicating that the defendants' conduct was "so egregious as to amount to willful or malicious conduct or conduct engaged in bad faith." Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998); Wright v. Wynn, supra.

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.

Mitchell v. Richmond · filed 1999-12-17

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

Poff v. Hayes · filed 2000-02-04

Moreover, 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(a) requires substantial evidence to create a genuine issue of material fact at summary judgment.

Callens v. Jefferson County Nursing Home · filed 2000-02-11(a)

In determining whether the nonmovant has created a genuine issue of material fact, we apply the "substantial-evidence rule"—evidence, to create a genuine issue of material fact, must be "substantial." § 12-21-12(a), 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.

EP v. McFadden · filed 2000-03-24

Rule 56 is read in conjunction with the "substantial-evidence rule," § 12-21-12, Ala.Code 1975. ... Keeping in mind that we must view the evidence in the light most favorable to the nonmovant, and that all reasonable inferences are to be drawn in that party's favor, Crowne Investments, Inc. v. Bryant, 638 So.2d 873 (Ala.1994), we conclude that E.P. presented substantial evidence creating a genuine issue of material fact as to whether McFadden's assault on her was foreseeable and whether the hospital had a duty to protect her from him.

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 that none exists.

Vickers v. Dover Elevator Company · filed 2000-03-31

If the moving party makes a prima facie showing that no genuine issue of material fact exists, then the burden shifts to the nonmovant to present “substantial evidence” creating a genuine issue of material fact. § 12-21-12, Ala. Code 1975. ... Viewing the facts in a light most favorable to Vickers, we conclude that the evidence presented was sufficient to create a genuine issue of material fact as to whether the safety interlock system had been bypassed.

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.

Yarbrough v. Ledford · filed 2000-06-02

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).

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

Ex Parte Usrey · filed 2000-06-23

A nonmoving party can defeat a properly supported summary judgment motion by presenting substantial evidence creating a genuine issue of material fact. Capital Alliance Ins. Co. v. Thorough-Clean, Inc., 639 So.2d 1349 (Ala.1994); Ala.Code 1975, § 12-21-12.

A conclusory denial unsupported by factual assertions is not substantial evidence sufficient to create a fact question on summary judgment.

Dudley v. Bass Anglers Sportsman Society · filed 2000-08-18(d)

We agree with Kendrick that Dudley’s statement “[B]ut I know I didn’t do it” is not substantial evidence creating a fact question about the truth or falsity of the statement.

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

Moore v. Awtrey Realty Co., Inc. · filed 2000-11-17

Rule 56 is read in conjunction with the “substantial evidence rule,” § 12-21-12, Ala.Code 1975. ... 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 once the movant makes a prima facie showing.

Ex Parte Steadman · filed 2001-05-25

If the moving party makes that prima facie showing, then the burden shifts to the nonmoving party, who then has the burden of presenting substantial evidence creating a genuine issue of material fact, if he is to avoid the entry of a judgment against him. See Pryor, 674 So.2d at 47; see also Ala.Code 1975, § 12-21-12.

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

Thrash v. Credit Acceptance Corp. · filed 2001-11-16(d)

CAC made a prima facie showing in support of its motion for a summary judgment that GCRS was an independent contractor and that in repossessing the vehicle GCRS had not committed a breach of the peace. Therefore, the burden shifted to the Thrashes to present "substantial evidence" creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989); § 12-21-12(d), Ala.Code 1975.

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.

Banks, Finley, White & Co. v. Wright · filed 2001-11-30(d)

When the movant makes a prima facie showing that those two conditions are satisfied, the burden then shifts to the nonmovant to present "substantial evidence" creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); § 12-21-12(d), Ala. Code 1975. Evidence is "substantial" if it is of "such weight and quality that fairminded 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 of the claim.

Carter v. Marc Steel Co. · filed 2001-12-21

Furthermore, to defeat a properly supported motion for summary judgment, the nonmovant must present “substantial evidence” of his claim. § 12-21-12, Ala.Code 1975. ... Therefore, Carter’s contention that he was fired solely because he sought workers’ compensation benefits is not supported by “substantial evidence” as required by Alabama law.

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

Dzwonkowski v. Sonitrol of Mobile, Inc. · filed 2002-08-16(d)

If the movant makes a prima facie showing that those two conditions are satisfied, then the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); § 12-21-12(d), Ala. Code 1975. ... Assuming that the sons made a prima facie showing as to the elements of a gift, we hold that Joe Sr. presented substantial evidence creating a genuine issue of material fact concerning whether he made a gift, promised to make a gift, or intended to make a gift of stock to Joe Jr.

Section 12-21-12 requires a party opposing a properly supported summary-judgment motion to present substantial evidence of the claim.

Anderson v. Smith's Towing Co. · filed 2002-10-11

Furthermore, to defeat a properly supported motion for summary judgment, the non-movant must present “substantial evidence” of his claim. § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires a party opposing a properly supported summary-judgment motion to present substantial evidence supporting a claim or defense.

Kal v. Southern Medical Business Serv. · filed 2003-01-17

Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a properly supported summary-judgment motion, the nonmovant must present substantial evidence in support of his or her claims or defenses, 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 to create a genuine issue of material fact once the summary judgment burden shifts to the nonmovant.

Kennedy v. Western Sizzlin Corp. · filed 2003-03-07

Ala.Code 1975, § 12-21-12, mandates that the [defendants] meet their burden by `substantial evidence.' ... Accordingly, the burden of creating, by substantial evidence, a genuine issue of material fact as to the direct-negligence claims never shifted to Pate and Kennedy; therefore, the trial court's summary judgments were improper as to the direct-negligence claims.

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.

Ex Parte Certain Underwriters at Lloyd's, L. · filed 2001-03-23(d)

When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present `substantial evidence' creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); § 12-21-12(d), Ala.Code 1975.

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

Defleron v. Gulf Agency, Inc. · filed 2001-03-23(d)

When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present ‘substantial evidence’ creating a genuine issue of material fact. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); § 12-21-12(d), Ala.Code 1975.

Section 12-21-12(d) requires evidence from which fair-minded persons could reasonably infer the fact to be proved; a party opposing a properly supported summary-judgment motion must meet that standard.

Warren v. Wester · filed 2002-02-01(d)

If the movant meets this burden, "the burden then shifts to the nonmovant to rebut the movant's prima facie showing by `substantial evidence.'" Lee, 592 So.2d at 1038. "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 a properly supported summary-judgment motion to present substantial evidence of the claim.

Coker v. Penfield Chair Company, Inc. · filed 2002-03-08

Furthermore, to defeat a properly supported motion for a summary judgment, the nonmovant must present “substantial evidence” of his claim. § 12-21-12, Ala.Code 1975.

Section 12-21-12 requires substantial evidence to defeat a properly supported summary judgment motion; evidence is substantial when fair-minded people could reasonably infer the fact to be proved.

Douglas v. Devonshire Apartments, L.L.C. · filed 2002-04-26

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.”

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.

West v. Bruno's, Inc. · filed 2002-06-07

Furthermore, to defeat a properly supported motion for a summary judgment, the nonmoving party 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; an erroneous statement in a will about the testatrix's children can satisfy that standard in a testamentary-capacity contest.

Horton v. Raspberry · filed 2002-08-09

Rule 56 is read in conjunction with the `substantial evidence rule,' § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. ... Viewing all evidentiary materials in the light most favorable to the nonmovant and resolving all reasonable doubts concerning the existence of a genuine issue of material fact against the moving party, as we must ( Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990)), [4] we conclude that evidence was presented from which fair-minded jurors reasonably could infer that the testatrix did not know the objects of her bounty at the time she executed the will.

Section 12-21-12 requires substantial evidence of damages to create a genuine factual issue and withstand summary judgment.

Serra Chevrolet, Inc. v. Chevrolet · filed 2002-09-13

Thus, Serra had presented no substantial evidence in support of its claim against Edwards of damages that would create a genuine issue of fact.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence supporting the fact it seeks to prove.

Parrish v. Blazer Financial Services, Inc. · filed 2003-05-30

Ala.Code 1975, § 12-21-12, mandates that the [nonmovant] meet [its] burden by `substantial evidence.' ... Based on the above, we hold that Parrish has not presented substantial evidence tending to show that Blazer violated the TILA.

Section 12-21-12 requires a summary judgment nonmovant to meet a substantial-evidence burden.

Dickinson v. Land Developers Const. Co. · filed 2003-11-07

... Ala.Code 1975, § 12-21-12, mandates that the [nonmovant] meet [its] burden by "substantial evidence."

Section 12-21-12(a) requires substantial evidence to create a genuine issue of material fact; a token expense stipend did not establish that the firefighters were paid for their services.

Hollis v. City of Brighton · filed 2004-01-09(a)

However, the plaintiffs presented neither evidence contradicting the firefighters' testimony that the $10-per-fire stipend was strictly reimbursement of expenses nor affirmative evidence that the $10-per-fire stipend was compensation for services. Thus, the undisputed evidence established that the firefighters were neither obliged to respond to a fire nor compensated for their services. The payment of the token $10-per-fire stipend for expenses does not constitute substantial evidence contrary to this conclusion.

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 disputed fact.

Jones v. Kennedy · filed 2004-02-06

Furthermore, Rule 56, Ala.R.Civ.P., must be 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.'" Cottingham v. McKee, 821 So.2d 169, 171 (Ala.2001)(quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)).

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

Smith v. AmSouth Bank, Inc. · filed 2004-05-07

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden shifts to the nonmovant to produce "substantial evidence" as to the existence of a genuine issue of material fact. Ala.Code 1975, § 12-21-12; 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 supporting the facts it seeks to prove.

Stovall v. Universal Const. Co., Inc. · filed 2004-06-04

Ala.Code 1975, § 12-21-12, mandates that the [nonmovant] meet [its] burden by "substantial evidence."

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

Turner v. Westhampton Court, L.L.C. · filed 2004-10-01

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden shifts to the nonmovant to produce "substantial evidence" creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Bass v. South-Trust 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 supporting a genuine issue of material fact.

Locke v. Ozark City Bd. of Educ. · filed 2005-04-15

". . . Ala.Code 1975 § 12-21-12, mandates that the [nonmovants] meet their burden by `substantial evidence.' Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). ... We hold, based on the plain language of the contract and on the surrounding circumstances, that the contract anticipates third-party umpires, that the contract was intended to directly benefit umpires like Locke, and that Locke has presented substantial evidence creating a genuine issue of fact as to whether he was an intended direct beneficiary of the contract between the Board and the AHSAA.

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

Hess v. MARKET INV. CO., LLC · filed 2005-06-17

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden then shifts to the nonmovant to produce "substantial evidence" creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; 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 produce substantial evidence of a genuine issue of material fact once the movant makes a prima facie showing.

Halford v. Alamo Rent-A-Car, LLC · filed 2005-06-24

Once the movant makes a prima facie showing that it is entitled to a summary judgment, the burden then shifts to the nonmovant to produce "substantial evidence" creating a genuine issue of material fact.

After a summary judgment movant makes a prima facie showing, the opposing party must produce substantial evidence of a genuine factual dispute.

State Farm Fire & Cas. Co. v. Chestang · filed 2006-08-18

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce "substantial evidence" as to the existence of a genuine issue of material fact. Bass v. South-Trust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12. ... Chestang's own testimony creates a genuine issue of fact as to whether he "expected or intended" to injure Donald.

Section 12-21-12 requires substantial evidence of a genuine factual dispute to defeat a properly supported summary judgment motion.

Sartin v. Madden · filed 2006-10-06

Viewing the evidence in the light most favorable to the non-movant, as we must, we conclude that although much of the evidence would support a finding that Sartin and Inside Stone were engaged in an independent-contractor arrangement, there is substantial evidence that creates a genuine issue of material fact as to whether the relationship was an independent-contractor relationship or an employer-employee relationship.

Section 12-21-12 requires substantial evidence from which fair-minded persons could reasonably infer a disputed fact to defeat a properly supported summary judgment motion.

Singleton v. State Farm Fire & Cas. Co. · filed 2005-11-10

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). ... Fair-minded persons in the exercise of impartial judgment could not reasonably infer from the evidence in this record that Worth did not understand Deason to believe that the roof could be fixed without completely replacing it.

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

Messer v. Turner · filed 2005-12-16(a)

`In determining whether the nonmovant has created a genuine issue of material fact, we apply the "substantial-evidence rule" — evidence, to create a genuine issue of material fact, must be "substantial." § 12-21-12(a), Ala.Code 1975.

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

Prince v. Poole · filed 2006-01-27

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce `substantial evidence' as to the existence of 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(a) requires substantial evidence to create a genuine issue of material fact when opposing a supported summary-judgment motion.

Connell v. Call-A-Cab, Inc. · filed 2006-02-24(a)

If the movant makes that showing, the burden then shifts to the nonmov-ant to present substantial evidence creating a genuine issue of material fact. ... There is a genuine issue of material fact as to whether AAA breached that duty. Because a genuine issue of material fact exists, summary judgment for AAA was inappropriate.

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

Byrd v. City of Citronelle · filed 2006-03-03

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden shifts to the nonmovant to produce `substantial evidence' creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). ... All of this evidence indicates the existence of conditions having the potential to cause flooding, but, without more, it is not substantial evidence indicating any negligence by the City in maintaining the ditch.

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

Pritchett v. ICN Medical Alliance, Inc. · filed 2006-03-10

Considering the record in the light most favorable to Pritchett, which we must do in deciding ICN's summary-judgment motion, we conclude that Pritchett has presented substantial evidence indicating that, by suggesting that Dr. Rumley use wet gauze instead of the goggles or corneal shield provided with the Nlite laser device, Tisue breached the duty he owed Pritchett to properly advise Dr. Rumley as to appropriate eye protection during the procedure.

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

Serio v. Merrell, Inc. · filed 2006-05-05

We conclude that, under the burden-shifting analysis applicable to consideration of a summary-judgment motion, Merrill made a prima facie showing of all the necessary elements of its affirmative defense of contributory negligence and that Serio failed to carry the burden that then shifted to her to produce substantial evidence creating a genuine issue of material fact as to any of those elements.

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.

Alabama Electric Coop. v. Bailey's Const. · filed 2006-07-28

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 a party opposing summary judgment to present substantial evidence of a genuine issue of material fact, even on an issue usually decided by a jury.

Maxwell v. Dawkins · filed 2006-12-15

In light of the fact that Robert has not put forth substantial evidence indicating that Dr. Maxwell was either temporarily or permanently impaired when he revoked his will on August, 25, 2004, the summary judgment entered for Dawkins by the trial court was proper, notwithstanding the general principle that a testator's mental capacity is usually an issue for the jury.

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

Pirtle v. Tucker · filed 2006-12-15

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden shifts to the nonmovant to produce `substantial evidence' creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989).

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

Hundley v. JF Spann Timber, Inc. · filed 2007-01-12

Hundley has failed to rebut the prima facie showing made by Jody Spann and Spann Timber with substantial evidence indicating that her claims against them survived the dismissal with prejudice of Spann Forestry.

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

Gooden v. City of Talladega · filed 2007-03-02

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce "substantial evidence" as to the existence of a genuine issue of material fact. Bass v. South-Trust 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 produce substantial evidence of a genuine factual dispute once the movant makes a prima facie showing.

Robinson v. Alabama Cent. Credit Union · filed 2007-03-23

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce `substantial evidence' as to the existence of 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." Dow v. Alabama Democratic Party, 897 So.2d 1035, 1038-39 (Ala.2004). ... Robinson has not presented substantial evidence to create a genuine issue of material fact as to whether ACCU's proffered reason for his discharge is pretextual; therefore, the summary judgment entered in favor of ACCU was appropriate.

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

Muller v. Seeds · filed 2007-06-15

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden shifts to the nonmovant to produce `substantial evidence' creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989).

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

Feagins v. Waddy · filed 2007-08-03

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce `substantial evidence' as to the existence of 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 produce substantial evidence of a genuine factual dispute once the summary-judgment movant makes a prima facie showing of entitlement to judgment.

Van Hoof v. Van Hoof · filed 2007-12-07

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden shifts to the nonmovant to produce `substantial evidence' creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; 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 produce substantial evidence creating a genuine issue of material fact once the movant makes a prima facie showing.

Phillips Ex Rel. Phillips v. United Services Auto. Ass'n · filed 2008-01-11

Once the movant makes a prima facie showing that he is entitled to a summary judgment, the burden shifts to the nonmovant to produce `substantial evidence' creating a genuine issue of material fact. Ala.Code 1975, § 12-21-12; Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). ... In the present case, even reviewing the evidence, as we must, in the light most favorable to Samantha, the nonmovant for summary judgment, we agree with USAA that Samantha has not presented substantial evidence indicating that Katie acted wantonly.

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

Jones v. Alfa Mutual Insurance Co. · filed 2008-06-13

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact.

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

Giles v. Brookwood Health Services, Inc. · filed 2008-06-27

Therefore, the burden then shifted to Giles to produce substantial evidence demonstrating the existence of a genuine issue of material fact.

When a summary judgment movant presents substantial evidence that no genuine issue of material fact exists, the burden shifts to the nonmovant to produce substantial evidence creating one.

Congleton v. Jackson County Board of Education · filed 2008-08-22

Because the Board presented substantial evidence indicating that it was not a “party” to any contract formed by the purchase of Kait-lyn’s ticket (and, by necessity, therefore extended no implied warranty), the burden shifted to the Congletons to produce substantial evidence creating a genuine issue of material fact as to that issue.

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

Swann v. Regions Bank · filed 2008-09-12

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce “substantial evidence” as to the existence of a genuine issue of material fact.

An affidavit stating that a claimant paid the purchase price can provide substantial evidence of payment sufficient to oppose summary judgment.

Abston v. Estate of Abston · filed 2007-05-18(d)

The statement in Larry's affidavit that he had "paid or caused to be paid [his] portion of the purchase price for the property" constitutes substantial evidence of Larry's payment.

Substantial evidence is evidence from which fair-minded people can reasonably infer a disputed fact; once a summary judgment movant makes a prima facie showing, the opposing party must produce such evidence to rebut it.

Neeley v. Gateway, Inc. · filed 2007-07-20(d)

“[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.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see § 12-21-12(d), Ala.Code 1975. ... We hold that Neeley failed to rebut with substantial evidence Gateway’s prima facie showing that it had no superior knowledge of the alleged danger.

Section 12-21-12(d) requires a nonmovant to present substantial evidence after the movant makes a prima facie showing that no genuine issue of material fact exists; speculation is insufficient.

McGough v. G & A, INC. · filed 2007-08-17(d)

Under Ala.Code 1975, § 12-21-12(d), 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.'" Quimby v. Memorial Parks, Inc., 667 So.2d 1353, 1355 (Ala.1995) (quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)). Evidence that consists of mere speculation is not considered substantial evidence that will defeat a motion for summary judgment.

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

McCutchen Co., Inc. v. Media General, Inc. · filed 2008-01-25(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 also § 12-21-12(d), Ala.Code 1975. ... Therefore, we conclude that the trial court properly entered a summary judgment in favor of WKRG because The McCutchen Company has not provided substantial evidence that Cosgrove intended to deceive the McCutchens.

Section 12-21-12(d) requires a party opposing summary judgment to present substantial evidence from which a reasonable person could infer the fact the party must prove.

Edwards v. Intergraph Services Co., Inc. · filed 2008-09-12(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. ... Based on the record before us, we hold that Edwards failed to present substantial evidence indicating that his injury resulted from a defect or instrumentality on Inter-graph’s premises that was the result of Intergraph’s negligence and of which In-tergraph had or should have had notice.

Section 12-21-12 requires a summary-judgment nonmovant to produce substantial evidence of a genuine factual dispute once the movant makes a prima facie showing.

Brown v. W.P. Media, Inc. · filed 2009-02-20

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce “substantial evidence” as to the existence of a genuine issue of material fact. Bass v. South-Trust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala.Code 1975, § 12-21-12.

Section 12-21-12(a) requires substantial evidence to create a genuine issue of material fact at summary judgment.

Robinson v. BAPTIST HEALTH SYSTEM, INC. · filed 2009-05-29(a)

In determining whether the non-movant has created a genuine issue of material fact, we apply the “substantial-evidence rule” — evidence, to create a genuine issue of material fact, must be “substantial.” § 12-21-12(a), Ala.Code 1975. ... However, although Dr. Montgomery and Dr. Real testified that pressure on the skin is a sine ... qua non of the development and worsening of bedsores, they did not testify that a causal link existed between the breaches of the standard of care that Boswell had identified, on the one hand, and the development and worsening of Mr. Robinson’s bedsore, on the other.

Section 12-21-12 requires a party opposing summary judgment to produce substantial evidence of a genuine factual dispute once the movant shows that no such dispute exists.

James v. City of Russellville · filed 2010-01-08

Once the movant makes a pri-ma facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce “substantial evidence” as to the existence of a genuine issue of material fact. ... Hence, James has failed to present substantial evidence indicating that the City ever stated or agreed to pave the streets in the subdivision as he claims.

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

Strange v. Davis · filed 2010-02-26

Once the movant makes a pri-ma facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce “substantial evidence” as to the existence of 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. ... At the very least, a genuine issue of material fact exists as to whether Davis initially breached the contract, thereby excusing any further performance by Strange.

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

Penick v. Most Worshipful Prince Hall Grand Lodge F & a M of Alabama, Inc. · filed 2010-03-19

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of 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.

On summary judgment, once the movant shows that no genuine issue of material fact exists, the nonmovant must produce substantial evidence of a genuine issue.

Maloof v. John Hancock Life Insurance Co. · filed 2010-09-30

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of 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 produce substantial evidence of a genuine factual dispute once the moving party makes a prima facie showing.

Cain v. Strachan · filed 2011-02-18

Once the defendants made a prima facie showing that there was no genuine issue of material fact regarding the issue of damages, the burden shifted to Cain to produce “substantial evidence” that she had, in fact, incurred damages as a result of the alleged infringement.

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

Nail v. Publix Super Markets, Inc. · filed 2011-05-13

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).’ ... Viewing the evidence in a light most favorable to Nail, as we are required to do, the conflict in testimony supports Nail’s argument that there is a genuine issue of material fact as to whether Walta counseled Nail regarding the change in dosage.

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

TURNER v. MOORE · filed 2011-07-29

Because they failed to meet their burden, see Dow, 897 So.2d at 1038-39, the burden did not shift to Turner to produce substantial evidence of a genuine issue of material fact, and the trial court erred in entering the summary judgment.

After a summary-judgment movant makes a prima facie showing, the nonmovant must produce substantial evidence of a genuine issue of material fact.

Alabama Psychiatric Services, P.C. v. 412 South Court Street, LLC. · filed 2011-09-30

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact. ... Thus, the record contains substantial evidence to support APS’s claim that there exists a genuine issue of material fact as to whether, through misrepresentation and the suppression of material facts, Sak fraudulently induced APS to enter into the May 31, 2007, lease agreement.

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

Ballentine v. Alabama Farm Credit, ACA · filed 2013-05-17

Therefore, the burden shifted to the Stones to produce substantial evidence demonstrating that there had been a wrongful foreclosure and, consequently, that AFC did not have good title to the property.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine factual dispute once the movant has met its initial burden.

City of Gadsden v. Harbin · filed 2013-12-13

Therefore, the burden shifted to Harbin to present substantial evidence to establish that there was a genuine issue of material fact as to the existence of a contract between him and the City.

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

K & D Automotive, Inc. v. City of Montgomery · filed 2014-02-28

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of 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 produce substantial evidence of a genuine factual dispute.

Metcalf v. Pentagon Federal Credit Union · filed 2014-05-02

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact. ... The record on appeal contains no evidence tending to indicate that Pentagon breached the mortgage contract or failed to pay a credit-life-insurance policy.

Section 12-21-12 requires a party opposing summary judgment to present substantial evidence of a genuine factual dispute.

Owen v. Tennessee Valley Printing Co. · filed 2014-08-08

In the present case, however, the parties are subject to the current “substantial evidence” rule, which requires that Owen present substantial evidence of an agency relationship in order to defeat TVPC’s summary-judgment motion.

Section 12-21-12 requires a summary judgment opponent to produce substantial evidence of a genuine factual dispute once the movant makes a prima facie showing.

Bryant v. Hammonds · filed 2014-09-12

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact. ... Considering our standard of review, we conclude that there was a genuine issue of material fact regarding who owned the cattle and whether Hammonds had converted the cattle.

Section 12-21-12 requires a summary-judgment nonmovant to produce substantial evidence of a factual dispute only after the movant makes a prima facie showing that no genuine dispute exists.

Webb v. Knology, Inc. · filed 2014-10-10

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact. ... Because Knolo-gy failed to make a showing on that issue, the Webbs were not required to rebut it.

When a summary judgment movant makes a prima facie showing that no genuine issue of material fact exists, the burden shifts to the opposing party to present substantial evidence of a genuine issue.

Berg v. Nguyen · filed 2016-01-08

Once the Nguyens made a prima facie showing that no genuine issue of material fact existed as to their liability, the burden shifted to Berg to present substantial evidence that the Nguyens knew or should have known of the dog’s dangerous propensities.

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

Southern Cleaning Service, Inc. v. Essex Insurance Co. · filed 2016-02-19

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact. ... Rather, we are holding only that there is substantial evidence indicating that a genuine issue of material fact exists on that point.

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

Kendrick v. City of Midfield · filed 2016-04-15(a)

“‘In determining whether the non-movant has created a genuine issue of material fact, we apply the “substan: tial-evidence rule” — evidence, to create a genuine issue of material fact, must. be. “substantial.” § 12-21-12(a), Ala.Code 1975. ... This constitutes a factual dispute not proper for disposition by a summary judgment.

After a summary-judgment movant makes a prima facie showing that no genuine issue of material fact exists, § 12-21-12 requires the nonmovant to produce substantial evidence of a genuine issue.

Boman v. City of Gadsden · filed 2016-09-02

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the n'onmovant to produce ‘substantial evidence’ as to the existence of a genuine issue of material fact. Bass v. South-Trust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989); Ala. Code 1975, § 12-21-12. ... In short, Boman has not produced substantial evidence of the existence of a contract providing him with such benefits.

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

Beddingfield v. Mullins Ins. Co. · filed 2018-06-15

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce 'substantial evidence' as to the existence of 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 plaintiff opposing summary judgment to present substantial evidence on a disputed factual issue after the defendants make a prima facie showing.

Flint v. City of Ozark · filed 1994-12-16

On their motion for summary judgment, the defendants made a prima facie showing that at the time of their encounters with Pridgen the officers did not know that he was intoxicated. The Nunnelee test therefore required the plaintiff to present substantial evidence that the officers did know that Pridgen was intoxicated. Rule 56, Ala.R.Civ.P.; Ala.Code 1975, § 12-21-12; Nunnelee, supra. The record contains no such evidence.

Section 12-21-12 requires substantial evidence to create a factual issue and defeat a properly supported summary judgment motion.

Pate v. BILLY BOYD REALTY AND CONST. · filed 1997-06-06

We note that Rule 56 is to be 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 nonmovant to produce substantial evidence of a genuine issue of material fact after the movant makes a prima facie showing.

Stacy G. Coats and Kendall Coats v. Sandra F. Ayers, Tommy J. Ayers, and J. Jason Ayers (Appeal from Tuscaloosa Circuit Court: CV-16-75). · filed 2024-06-14

Once the movant makes a prima facie showing that there is no genuine issue of material fact, the burden then shifts to the nonmovant to produce 'substantial evidence' as to the existence of 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.