[DOWNLOAD] "Jimmy L. Jenkins and Annie L. Jenkins v." by Court of Civil Appeals of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Jimmy L. Jenkins and Annie L. Jenkins v.
- Author : Court of Civil Appeals of Alabama
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On October 12, 1989, the Jenkinses filed a complaint against Landmark Chevrolet and General Motors Acceptance Corporation
(GMAC). The complaint consisted of numerous allegations concerning the condition of an automobile purchased by the Jenkinses
from Landmark and Landmark's alleged failure to uphold the warranties pertaining to the vehicle. On January 22, 1990, Landmark filed a motion for summary judgment as to all the claims of the Jenkinses. Following a hearing
on the motion, the trial court granted the motion on March 26, 1990. On April 27, 1990, the Jenkinses then filed a motion
requesting the trial court to reconsider its grant of summary judgment. (The Jenkinses' claims against GMAC were dismissed
with prejudice.) First, we note that the Jenkinses' motion, which was denominated a "motion to reconsider" should have properly
been entitled a "motion to alter, amend, or vacate". However, the nomenclature of the motion is not controlling, and, thus,
we will consider it an Alabama Rules of Civil Procedure, Rule 59(e), motion to alter, amend, or vacate. Woodall v. Woodall,
506 So. 2d 1005 (Ala. Civ. App. 1987); see also, Rebel Oil Co. v. Pike, 473 So. 2d 529 (Ala. Civ. App. 1985).