Supreme Court of Alabama

Charles H. Stephens v. First Commercial Bank

March 12, 20102010 Ala. LEXIS 33

Summary

The Alabama Supreme Court 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 Stephens offered no contrary evidence. The Court applied the de novo standard for summary‑judgment review. Justice Murdock filed a concurring opinion agreeing with the result and emphasizing that the best‑evidence rule was inapposite.