MURPHY v. MOTHERWAY

No. 2090037.

66 So.3d 770 (2010)

Joe MURPHY v. Louise MOTHERWAY.

Court of Civil Appeals of Alabama.

Certiorari Denied January 14, 2011. Alabama Supreme Court 1091532.


Attorney(s) appearing for the Case

M. Scott Harwell , of Harwell Law Firm, LLC, Birmingham, for appellant.

Anthony B. Johnson and Stephen D. Boyd , of Johnson Law Firm, LLC, Centreville, for appellee.


BRYAN, Judge.

Louise Motherway ("Louise") is the proponent of a will executed by her father, M.C. Murphy ("M.C."), on March 5, 2002 ("the 2002 will"). M.C.'s other child, Joe Murphy ("Joe"), contested the 2002 will in the Jefferson Circuit Court and requested a jury trial. At trial, Louise orally moved for a judgment as a matter of law ("JML") at the close of Joe's case-in-chief. The trial court granted that motion and later entered both a judgment in favor of Louise...

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