Opinion
No. 2990669.
Decided September 15, 2000.
Appeal from Greene Circuit Court (CV-96-146).
Kenneth D. Davis of Zeanah, Hust Summerford, Davis Williamson, Tuscaloosa, for appellant.
Booker T. Forte, Jr., Tuscaloosa, for appellee.
AFFIRMED. NO OPINION.
See Rule 53(a)(1) and (a)(2)(F), Ala.R.App.P.; Wal-Mart Stores, Inc. v. Bowers, 752 So.2d 1201 (Ala. 1999); Gresham v. Schlumberger Indus., Inc., 656 So.2d 347 (Ala. 1995); K.S. v. Carr, 618 So.2d 707 (Ala. 1993); and Johnson v. Martin, 423 So.2d 868 (Ala.Civ.App. 1982).
The appellee's request for an attorney fee on appeal is denied.
Robertson, P.J., and Yates and Thompson, JJ., concur.
Crawley, J., dissents.
Because I believe the trial court erred by submitting to the jury the plaintiff's claim for damages for mental anguish, I dissent. Even viewing the evidence in the light most favorable to Whitson, I can find no evidence indicating that the conversion was attended with words or acts of insult or contumely. When a party presents no evidence to support her claims, the trial court should enter a judgment as a matter of law for the adverse party. See Johnson v. Life Ins. Co. of America, 581 So.2d 438, 440 (Ala. 1991).