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Bodana v. Howie

Supreme Court of Alabama
Jan 29, 1993
638 So. 2d 749 (Ala. 1993)

Opinion

1911621.

December 4, 1992. Rehearing Denied January 29, 1993.

Appeal from the Madison Circuit Court, No. CV-92-45, Daniel B. Banks, Jr. J.

Anji Reddy Bodana, pro se.

Christopher M. West, Huntsville, for appellee.


Anji Reddy Bodana sued Steven Mitchell Howie, alleging legal malpractice. The trial court entered a summary judgment for Howie. Bodana appeals, pro se.

This case is the companion case to Bodana v. Brinkley, 614 So.2d 981 (Ala. 1992).

Howie supported his motion for summary judgment with an affidavit, filed by Howie as an expert, stating that he had performed legal services for Bodana according to the standards of skill and diligence observed by attorneys in the Madison County area. Bodana failed to file an expert's affidavit with his response to Howie's motion for summary judgment. For a plaintiff in a legal malpractice action to defeat a motion for summary judgment filed by the attorney and supported by an expert's affidavit, the plaintiff must "come forward with expert testimony to show negligence on the part of the attorney." See Phillips v. Alonzo, 435 So.2d 1266, 1267 (Ala.), cert. denied, 464 U.S. 984, 104 S.Ct. 430, 78 L.Ed.2d 363 (1983). Because Bodana failed to file an expert's affidavit, we affirm on the authority of Phillips, supra; Tidwell v. Waldrop, 554 So.2d 1009, 1010 (Ala. 1989); and Rice v. Hartman, Fawal Spina, 582 So.2d 464 (Ala. 1991).

AFFIRMED.

HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.


Summaries of

Bodana v. Howie

Supreme Court of Alabama
Jan 29, 1993
638 So. 2d 749 (Ala. 1993)
Case details for

Bodana v. Howie

Case Details

Full title:Anji Reddy BODANA v. Steven Mitchell HOWIE

Court:Supreme Court of Alabama

Date published: Jan 29, 1993

Citations

638 So. 2d 749 (Ala. 1993)