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· 5/12/2006

Alfa Mutual Insurance Co. v. Meroney

Citations

  • 937 So. 2d 543
  • 2006 Ala. Civ. App. LEXIS 254
  • 2006 WL 1302612

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • remanding for further proceedings where complaint varied from proof at trial and both parties fully litigated case on merits
  • affirming judgment of trial court in favor of plaintiff even though claim insufficiently pleaded because defendant had sufficient notice of claim that actually was litigated
  • where defendant had sufficient notice of claims not specifically alleged, no material variance between pleadings and proof
  • where defendant had sufficient notice of claims not specifically alleged, no material variance between pleadings and proof
  • ‘‘a pleading defect cannot be a basis for setting aside a judgment unless it has materially prejudiced the defen- dant’’
  • “[t]he absence of a requisite allegation in a complaint that would have justified the granting of a motion to strike ... is not a sufficient basis for vacating a judgment unless the defect has resulted in prejudice”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bryan, Thompson, Pittman, Murdock, Crawley

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.