· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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