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417 So. 2d 158

RMP, Inc. v. Arledge

Supreme Court of Alabama

Decided July 16, 1982

Supreme Court of Alabama · decided 1982-07-16

Decided 1982-07-16

EMBRY, Justice.

¶1This case was tried before a jury; that jury returned a verdict in favor of appellee, Arledge. The trial court entered judgment in his favor and dismissed the action. Appellant, RMP, Inc., filed a motion for new trial; it was denied. RMP appeals from the judgment and the denial of its motion for new trial.

¶2Both the verdict and judgment are amply supported by the evidence of record as well as applicable law.

¶3We are compelled to the conclusion that a licensed practicing attorney, of even very limited experience, could readily see that an appeal in this ease would, under no circumstances, result in reversal.

¶4Appellee, Arledge has filed a motion for assessment of damages on account of the appeal being a frivolous one, pursuant to Rule 38, ARAP. We agree that the appeal is frivolous and will assess costs against the appellant accordingly.

¶5For the reasons stated, the judgment below is affirmed and the sum of $500 is taxed as costs against appellant, RMP, Inc., on account of the appeal being a frivolous one.

¶6JUDGMENT AFFIRMED; MOTION FOR ASSESSMENT OF DAMAGES FOR FRIVOLOUS APPEAL GRANTED.

TORBERT, C. J., and FAULKNER, AL-MON and ADAMS, JJ., concur.
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