Public-domain · open source
OpenJurist

352 So. 2d 1114

Daniels v. Chapuis

Supreme Court of Alabama

Decided December 2, 1977

Supreme Court of Alabama · decided 1977-12-02

Cited by 1 later decisions — most recently March 1982

1 state decisions

Relies on 344 So. 2d 500 - Daniels v. Chapuis

Good law ✅— No negative treatment on recordhow we know

Decided 1977-12-02

View the full empirical analysis of this case →

SHORES, Justice.

¶1This is the second appeal in this case. In Daniels v. Chapuis, 344 So.2d 500 (Ala.1977), this court remanded the cause and directed the trial court to take “ . . . further testimony respecting the specifics of the restrictive conditions for future dragstrip operations . . ..” (344 So.2d at 504)

¶2On remand, the trial court took additional testimony and modified its former order by substituting a concrete wall of specified dimensions for the former requirement of a 15' X Vs" plywood fence and a three cable fence as a barrier between the properties of each party.

¶3Daniels again appeals, this time contending that the trial court must be reversed because it refused to hear additional testimony with respect to the hours which the drag strip should be allowed to operate. There was evidence in the prior record to support the trial court’s finding with respect to this issue. Therefore, additional evidence on this issue was not mandated on remand.

¶4The judgment appealed from is affirmed.

¶5AFFIRMED.

TORBERT, C. J., and MADDOX, JONES and BEATTY, JJ., concur.
/352/so2d/1114 · .json · Public domain