Supreme Court of Alabama

Charles H. Stephens v. First Commercial Bank

March 12, 20102010 Ala. LEXIS 33

Summary

The Supreme Court of Alabama affirmed the trial court’s summary‑judgment ruling for First Commercial Bank, holding that the bank’s affidavit was admissible because the affiant testified from personal knowledge, and that no genuine issue of material fact existed as to Stephens’ default or the amount owed. Justice Murdock’s concurring opinion reiterated that the best‑evidence rule was inapposite to the dispute over payment default.