Ala. Code § 12-21-12

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

Ex Parte Wild Wild West Social Club, Inc. · filed 2001-06-22

Regarding questions of fact, the ultimate question is whether the nonmovant has presented substantial evidence to allow the factual issue to be submitted to the jury for resolution. Carter v. Henderson, 598 So.2d 1350 (Ala.1992). See, also, § 12-21-12, Ala. Code 1975, and West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). ... We conclude that he did not present such evidence.

Section 12-21-12 requires substantial evidence of each element of a claim for the claim to be submitted to a jury.

Allstate Ins. Co. v. Eskridge · filed 2001-12-14

Regarding questions of fact, the ultimate question is whether the nonmovant has presented substantial evidence to allow the factual issue to be submitted to the jury for resolution. Carter v. Henderson, 598 So.2d 1350 (Ala.1992). See also § 12-21-12, Ala.Code 1975, and West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). ... In light of the standard set out in Williams, supra, we examine the record to determine whether Eskridge presented substantial evidence of each element necessary to establish his fraud claim.

Section 12-21-12 requires substantial evidence to create a factual dispute for the jury and withstand a motion for judgment as a matter of law.

Leonard v. Cunningham · filed 2008-09-26

Cunningham’s testimony that he stopped at the stop sign before turning onto Jay Bird Road, although contradictory to the testimony of Ephraim, was not sufficient to create a factual dispute for resolution by the jury on the issue of negligence.

Section 12-21-12 requires substantial evidence of a necessary element before a claim may be submitted to the jury.

Smith v. Wachovia Bank, N.A. · filed 2009-09-30

The nonmovant must have presented substantial evidence in order to withstand a motion for a JML. See § 12-21-12, Ala.Code 1975; West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). ... Wachovia failed to present substantial evidence of a necessary element of the breach-of-contract claim, i.e., the existence of a valid contract; therefore, we conclude that the trial court erred in submitting the breach-of-contract claim to the jury.

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

Payne v. Payne · filed 2010-03-12(a)

In all civil actions, when a party bears the burden of proof, that party must present substantial evidence of the elements necessary to sustain his or her case in order to receive a judgment in his or her favor. Ala.Code 1975, § 12-21-12(a).

Section 12-21-12 requires substantial evidence in cases filed after June 11, 1987, while leaving the procedure for shifting the burden of producing evidence unchanged.

Grider v. Grider · filed 1989-12-01

In reviewing the summary judgment, we note that this case was filed after June 11, 1987; therefore, the "substantial evidence rule" is the applicable standard in this case. The "scintilla rule" was abolished by the legislature effective June 11, 1987, as to cases filed after that date. Ala. Code 1975, § 12-21-12. The act abolishing the scintilla rule did not change the procedure for handling the burden of going forward with the evidence.

Section 12-21-12 requires substantial evidence, rather than a scintilla, in cases filed after June 11, 1987; it does not change when the burden of producing evidence shifts on summary judgment.

Hope v. Brannan · filed 1989-12-01

In reviewing the summary judgment, we note that this case was filed after June 11, 1987; therefore, the "substantial evidence rule" is the applicable standard of review in this case. The "scintilla rule" was abolished by the legislature as to cases filed after June 11, 1987. Ala. Code 1975, § 12-21-12. The act abolishing the scintilla rule does nothing to change the procedure for handling the burden of going forward with the evidence. Therefore, if the moving party makes a prima facie showing that no genuine issue of material fact exists, then the burden of going forward with the evidence still shifts to the nonmovant; however, that burden is now greater than it was in the past, because the nonmovant must show "substantial evidence" in support of his position.

Section 12-21-12 requires a plaintiff to present substantial evidence after a defendant makes a prima facie showing for summary judgment; abolishing the scintilla rule did not change that burden-shifting procedure.

ODOM BY AND THROUGH ODOM v. Blackburn · filed 1990-03-16

The present action was filed on October 13, 1988; therefore, the "substantial evidence rule" is applicable. Ala.Code 1975, § 12-21-12. ... The abolition of the "scintilla of evidence rule" did not change the normal procedure for handling the burden of proof in summary judgment cases. If a defendant moves for a summary judgment and makes a prima facie showing that no genuine issue of material fact exists, then the burden shifts to the plaintiff to present substantial evidence in support of his position.

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

Bowden v. Southern Risk Services, Inc. · filed 1990-07-11

The original complaint in this action was filed after June 11, 1987; therefore, the substantial evidence rule applies. § 12-21-12, Ala.Code 1975. However, abolishing the scintilla rule did nothing to change the procedure for handling the burden of proof.

Section 12-21-12(a) requires a defendant asserting contributory negligence in a medical-malpractice case to prove that defense by substantial evidence.

Cackowski v. Wal-Mart Stores, Inc. · filed 2000-01-21(a)

However, with its adoption of § 12-21-12, Ala.Code 1975, the legislature abolished the "scintilla rule," requiring, instead, that "[i]n all civil actions brought in any court of the State of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the trier of the facts." § 12-21-12(a). Thus, Wal-Mart was also required to prove its affirmative defense of contributory negligence by substantial evidence.

A physician’s description of treatment can supply substantial evidence of the medical standard of care, and a conflicting expert affidavit can create a factual dispute at summary judgment.

Rudolph v. Lindsay · filed 1993-07-30

Within the context of the "substantial evidence" test, Ala.Code 1975, § 12-21-12, the Court required that the plaintiff's expert witness "enumerate the prevailing medical procedures in the national medical community that reasonably competent physicians would ordinarily utilize when acting in the same or similar circumstances." ... In most medical malpractice cases, the standard of care is sufficiently established by reference to particular acts of the defendant. ... These particular acts supply substantial evidence as to the standard of care for a medical professional like Dr. Lindsay in the circumstances of this case.

Section 12-21-12 provides the substantial-evidence standard, but an employee alleging intentional fraud by an employer must meet a higher clear-and-convincing-evidence standard to reach a jury.

Hobbs v. Alabama Power Co. · filed 2000-05-26

The applicable standard of review is the "substantial-evidence" rule. § 12-21-12, Ala.Code 1975. ... In cases involving an allegation of intentional tortious conduct, this Court has imposed a standard of proof higher than the "substantial-evidence" standard: ... Hobbs's evidence did not meet the "clear-and-convincing" standard set forth in Lowman.

Under § 12-21-12, inadmissible hearsay does not provide the substantial evidence needed to defeat summary judgment.

Gentle v. Pine Valley Apartments · filed 1994-01-07

Evidence consisting of inadmissible hearsay statements does not constitute "substantial evidence" and is insufficient to overcome a motion for a summary judgment. ... Consequently, Gentle failed to present substantial evidence (Ala.Code 1975, § 12-21-12) that the dog's presence at the apartment complex created a "condition" that Pine Valley and Evans knew or should have known "involve[d] an unreasonable risk of death or serious bodily harm to ... children." Restatement § 339(b).

Section 12-21-12 requires substantial evidence for a negligence claim to reach the jury; mentioning that standard in the jury charge is not error.

Gradford v. Nicholas Concrete Equipment Co. · filed 1996-02-16

Gradford concedes, however, that he was required to present substantial evidence in order for his negligence claims to survive a defense motion for directed verdict and thereby reach the jury for its consideration. See § 12-21-12, Ala.Code 1975. ... The trial court’s inclusion in its charge of the term “substantial evidence” — that term stating the legal test the plaintiffs evidence had been held to meet — was not error.

Section 12-21-12(a) and (c) govern the proof needed to establish jury issues in tort claims generally.

KGS Steel, Inc. v. McInish · filed 2008-09-05(a), (c)

Subsections 12-21-12(a) and (c) address the amount of proof necessary for the “establishment of jury issues in regard to tort claims generally.”

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

Turner v. Wells Fargo Bank, N.A. · filed 2016-09-30

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. '[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 Assur. Co. of Fla., 547 So. 2d 870, 871 (Ala. 1989).

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

Lancaster v. Evans · filed 2016-11-18

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. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala. 1989); 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 Assur. Co. of Fla., 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.

Pittman v. Regions Bank · filed 2016-12-02

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. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala. 1989); 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 Assur. Co. of Fla., 547 So.2d 870, 871 (Ala. 1989). ... We conclude that the Pittmans presented substantial evidence indicating that Regions ' refused their request to sell the property in separate parcels and that they were injured when the property was sold en masse.

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

Aderholt v. McDonald · filed 2016-12-16

“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 substantial evidence to overcome a prima facie showing on summary judgment.

Ex parte Tenax Corp. · filed 2017-01-27

Based on the above factors, Tenax made a prima facie Showing that it was Dees’s special employer, and Dees did not present substantial evidence to overcome that pri-ma facie showing.

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

Hurst v. Sneed · filed 2017-02-03

“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). ‘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 Fla., 547 So.2d 870, 871 (Ala. 1989).”

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

Bain v. Colbert County Northwest Alabama Health Care Authority · filed 2017-02-10

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. 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 nonmovant to present substantial evidence of a genuine issue of material fact after the movant makes a prima facie showing.

Hendon v. Holloway · filed 2017-02-17

Once Holloway and Lagrone made their prima facie showings that they had not engaged in harassment against Hendon, the burden shifted to Hendon to present substantial evidence as to the existence of a genuine issue of material fact.

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

Ex parte Ingram · filed 2017-02-24

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

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

Thomas v. Heard · filed 2017-03-24(d)

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

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

Miller v. City of Birmingham · filed 2017-04-21

“To defeat a properly supported summary judgment motion, the non-moving 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 support a claim or defense in opposing summary judgment.

Barnwell v. CLP Corp. · filed 2017-04-21

CLP failed to present substantial evidence supporting its affirmative defense that the condition that’ allegedly caused Barnwell to slip and fall was an open and obvious danger.

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

Aliant Bank v. Four Star Invs., Inc. · filed 2017-05-05

... 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) permits overcoming the ore tenus presumption when substantial evidence does not support the trial court's factual findings.

Meehan v. Meehan · filed 2017-05-12(a)

That presumption may be overcome by a showing from the appellant that substantial evidence does not support those findings of fact, see § 12-21-12(a), Ala. Code 1975, or that the trial court otherwise acted arbitrarily, unjustly, or in contravention of the law.

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

E. Cent. Baldwin Cnty. Water, Sewer & Fire Prot. Auth. v. Town of Summerdale (Ex parte E. Cent. Baldwin Cnty. Water, Sew · filed 2017-06-30

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. "[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 Assur. Co. of Fla., 547 So.2d 870, 871 (Ala. 1989).

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

Colony Homes, LLC v. ACME Brick Tile & Stone, Inc. · filed 2017-07-14

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. ... '[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.' ... Willis's affidavit and Exhibit D to her affidavit constituted substantial evidence establishing that Acme had delivered to Colony the bricks, mortar, and other building materials for which it sought payment.

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

Wyatt v. Baptist Health Sys., Inc. · filed 2017-07-21(d)

Further, the trial court's finding of fact is supported by substantial evidence if it is "supported by '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.' " Ex parte Trinity Indus., 680 So.2d at 269 (quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala. 1989), and citing Ala. Code 1975, § 12-21-12(d) ).

Section 12-21-12 requires a nonmovant to produce substantial evidence of a genuine issue of material fact.

Easterling v. Progressive Specialty Ins. Co. · filed 2017-09-15

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. '[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 Assur. Co. of Fla., 547 So.2d 870, 871 (Ala. 1989).

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

P.J. Lumber Co. v. City of Prichard · filed 2017-09-22(d)

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

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

Fitzpatrick v. Hoehn · filed 2018-03-02(d)

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

Section 12-21-12(d) defines substantial evidence as evidence that fair-minded persons can reasonably infer proves a fact.

Brewer v. Atkinson · filed 2018-03-09(d)

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

Section 12-21-12(a) requires substantial evidence to support a wantonness claim.

Easterling v. Ford Motor Co. · filed 2018-03-29(a)

Easterling's wantonness claim also fails for the additional reason that Easterling has not presented any substantial evidence that Ford, "with reckless indifference to the consequences, consciously did some wrongful act or omitted some known duty with knowledge of the existing conditions, and that this act or omission" caused his injury. Joseph v. Staggs, 519 So.2d 952, 954 (Ala. 1988) ; Ala. Code § 12-21-12(a). Wantonness demands proof of "some degree of conscious culpability," and Easterling has not met this standard.

Section 12-21-12(a) allows an ore tenus presumption to be overcome when substantial evidence does not support the trial court's findings of fact.

Myers v. Myers · filed 2018-03-30(a)

That presumption may be overcome by a showing from the appellant that substantial evidence does not support those findings of fact, see § 12-21-12(a), Ala. Code 1975, or that the trial court otherwise acted arbitrarily, unjustly, or in contravention of the law.

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.

Morrow v. Pake · filed 2018-04-20

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 summary-judgment nonmovant to produce substantial evidence creating a genuine issue of material fact.

Lynd v. Marshall Cnty. Pediatrics, P.C. · filed 2018-04-27

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).

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

Barnwell v. CLP Corp. · filed 2018-05-11

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 creating a genuine issue of material fact.

G.R.L.C. Trust v. Garrison Decatur Crossings, LLC · filed 2018-06-15

Accordingly, the trial court correctly determined that Lee's affidavit testimony did not constitute substantial evidence disputing Garrison Decatur's evidence indicating that Franklin Land and the Trust had a clear meeting of the minds about the description of the subject property as set forth in Exhibit A and that the parties intended for Exhibit A to be attached to and included in the lease memorandum.

Section 12-21-12 requires a nonmovant to present substantial evidence to withstand a motion for a judgment as a matter of law.

Colley v. Estate of Dees · filed 2018-06-15

The nonmovant must have presented substantial evidence in order to withstand a motion for a [judgment as a matter of law]. See § 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 nonmovant to present substantial evidence to withstand a motion for a judgment as a matter of law.

Disa Indus., Inc. v. Bell · filed 2018-06-29

The nonmovant must have presented substantial evidence in order to withstand a motion for a JML. See § 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 substantial evidence before a factual issue may be submitted to the jury.

Campbell v. Kennedy · filed 2018-10-26

It is well settled that, "[w]hen reviewing a ruling on a motion for a JML, this Court uses the same standard the trial court used initially in granting or denying a JML. ... Regarding questions of fact, the ultimate question is whether the nonmovant has presented substantial evidence to allow the factual issue to be submitted to the jury for resolution."

Section 12-21-12(d) requires substantial evidence, viewed in the light most favorable to the nonmoving party, to support submitting a factual conflict to the jury.

Tutor v. Jack Sines and Devan Frazier · filed 2023-02-17(d)

We review de novo a trial court's denial of a motion for judgment as a matter of law to determine " ' "whether there was substantial evidence, when viewed in the light most favorable to the nonmoving party, to produce a factual conflict warranting jury consideration." ' " Protective Life Ins. Co. v. Apex Parks Grp., LLC, 322 So. 3d 1027, 1038-39 (Ala. 2020) (citations omitted). "[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So. 2d 870, 871 (Ala. 1989); see also § 12-21-12(d), Ala. Code 1975.

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

Fox v. Harold V. Hughston III and Sheila Morgan · filed 2023-03-10

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. 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 opposing summary judgment to produce substantial evidence of a genuine issue of material fact.

Carol N. Upchurch, individually and as of the Estate of Michael W. Upchurch v. David Upchurch and Jason Upchurch · filed 2023-04-07

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. '[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 Assur. Co. of Fla., 547 So. 2d 870, 871 (Ala. 1989).

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.

Wallace v. The Housing Authority of the City of Talladega · filed 2023-04-14

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. "[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 plaintiff in an Alabama product liability case to present substantial evidence that a reasonable jury could find in the plaintiff’s favor after the defendant makes a prima facie showing for summary judgment.

Baker v. Fiat Chrysler Automobiles US LLC (FCA US LLC) · filed 2024-01-08

In Alabama product liability cases, after the defendant makes a prima facie showing of grounds for summary judgment, the plaintiff must present substantial evidence that a reasonable jury could find in his or her favor for the case to proceed to trial. Ala. Code § 12-21-12 (2023); see also ALA. R. CIV. P. 56(3)(e).

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

Tyson v. Cole Scott Harbin and Carson Ray Harbin (Appeal from Lauderdale Circuit Court: CV-20-900205). · filed 2024-02-09(a)

In Alabama, "substantial evidence" is required to submit an issue to the jury, § 12-21-12(a), Ala. Code 1975, not a "scintilla of evidence." It is unclear whether the circuit court simply misspoke here or actually applied the wrong standard. In any event, any error in applying the wrong standard would be harmless here because, as we have recounted, the Harbin brothers produced substantial evidence of undue influence. Thus, it would not matter if the circuit court applied the "scintilla of evidence" standard to Tyson's initial motion for judgment as a matter of law.

Section 12-21-12 requires a nonmovant to present substantial evidence to withstand a motion for a judgment as a matter of law.

Hatti Group RE, LLC, and Harsha Hatti v. Robbie Dellinger (Appeal from Jefferson Circuit Court: CV-20-903743). · filed 2024-09-20

The nonmovant must have presented substantial evidence in order to withstand a motion for a JML. See § 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 nonmovant to present substantial evidence to withstand a motion for a judgment as a matter of law.

Hatti Group RE, LLC, and Harsha Hatti v. Robbie Dellinger (Appeal from Jefferson Circuit Court: CV-20-141). · filed 2024-09-20

The nonmovant must have presented substantial evidence in order to withstand a motion for a JML. See § 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 nonmovant to produce substantial evidence of a genuine issue of material fact after the movant makes a prima facie showing.

Ex parte Jackson Hospital & Clinic, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Theresa Johnson, individually and as of t · filed 2024-10-04

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 issue of material fact after the movant makes a prima facie showing.

Parrish v. Pat Ratliff; U.S. Bank National Association (Inc.); Mortgage Electronic Registration Systems, Inc.; Federal National Mortgage Association; PennyMac Loan Services, LLC; Hopper Telecommunications, LLC; Alabama Power Company; Blount County; Town of Snead; Jennifer Walker; and First American Title Insurance Company (Appeal from Blount Circuit Court: CV-21-135). · filed 2024-10-11

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 issue of material fact once the movant makes a prima facie showing.

Martin v. Joseph T. Scarborough, Jr.; Scarborough & Griggs, LLC; and BBVA USA Bancshares, Inc. (Appeal from · filed 2024-11-22

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. '[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 Assur. Co. of Fla., 547 So. 2d 870, 871 (Ala. 1989).

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 such issue exists.

Nash v. Mattie Nash (Appeal from Jefferson Circuit Court: CV-22-902147). · filed 2025-03-14

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.

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 none exists.

Hembree Insurance Trust v. Maples Industries, Inc. (Appeal from Jackson Circuit Court: CV-24-900026). · filed 2025-04-11

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 nonmovant to produce substantial evidence of a genuine issue of material fact after the movant makes a prima facie showing for summary judgment.

Arethea Hurbert, an incompetent person, by and through her guardian ad litem and next friend, Leslie Barineau v. Stephon · filed 2025-09-05

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 present substantial evidence of a genuine issue of material fact after the movant makes a prima facie showing.

Construction Services, LLC, d/b/a MCA Construction, Inc. v. RAM-Robertsdale Subdivision Partners, LLC, Retail Specialist · filed 2026-06-18

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. SouthTrust Bank of Baldwin County, 538 So. 2d 794, 797-98 (Ala. 1989); Ala. Code 1975, § 12-21-12.

An appellant may overcome the presumption favoring a trial court’s factual findings after an ore tenus proceeding by showing that substantial evidence does not support them.

Shewbart v. Shewbart · filed 2010-12-10(a)

That presumption may be overcome by a showing from the appellant that substantial evidence does not support those findings of fact, see § 12-21-12(a), Ala.Code 1975, or that the trial court otherwise acted arbitrarily, unjustly, or in contravention of the law.