BIRMINGHAM RETAIL CENTER ASSOCIATES, LTD. v. EASTWOOD FESTIVAL ASSOCIATES

1901636, 1901806.

608 So.2d 340 (1992)

BIRMINGHAM RETAIL CENTER ASSOCIATES, LTD., et al. v. EASTWOOD FESTIVAL ASSOCIATES, et al. EASTWOOD FESTIVAL ASSOCIATES, et al. v. BIRMINGHAM RETAIL CENTER ASSOCIATES, LTD., et al.

Supreme Court of Alabama.

As Modified on Denial of Rehearing November 20, 1992.


Attorney(s) appearing for the Case

Henry I. Frohsin, Susan S. Wagner, Patricia Clotfelter and Wesley C. Redmond of Berkowitz, Lefkovits, Isom & Kushner, Birmingham, for appellants/cross-appellees.

James R. Shaw, John D. Herndon and T. Kelly May of Huie, Fernambucq & Stewart, Birmingham, and John A. Henig, Jr. and J. Fairley McDonald III of Copeland, Franco, Screws & Gill and H.E. Nix, Jr. of Nix & Holtsford, Montgomery, for appellees/cross-appellants.


MADDOX, Justice.1

The primary issue presented on these appeals is whether a successor judge, who is the successor judge by reason of his defeating the predecessor judge in an election, should have granted a motion for a new trial where all of the evidence had been presented ore tenus to the predecessor judge and the predecessor judge had made findings of fact.

The subject matter of the underlying action was damage caused by a landslide...

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