BREACH OF CONTRACT & SUFFICIENCY OF THE EVIDENCE - GOLDEN V. VELASQUEZ
Golden v. Velasquez, [Ms. 2150893, Mar. 31, 2017] __ So. 3d __ (Ala. Civ. App. 2017). The Court of Civil Appeals in a per curiam opinion affirms the judgment of the Cherokee Circuit Court entered upon a jury’s verdict in favor of a defendant alleged to have breached a contract in failing to pay for labor and materials used in a residential home renovation. The court concluded that the trial court correctly denied a post-verdict motion for JML and alternative motion for a new trial because the evidence was sufficient to support the inference that the jury could have found that the plaintiff had failed to meet his burden of proving non-performance under the contract. This was the result required by the standard of review on conflicting evidence:
“[I]t is the duty of the [trier of fact] to resolve conflict in testimony and render judgment accordingly. Jones v. LeFlore, 421 So. 2d 1287 (Ala. Civ. App. 1982). Where the [trier of fact] resolves a factual issue on conflicting evidence, the reviewing court may not reverse it if there is any credible evidence to support the judgment. Jones v. Jones, 470 So. 2d 1207 (Ala. 1985).”
Big Thicket Broad. Co. of Alabama v. Santos, 594 So. 2d 1241, 1243-44 (Ala. Civ. App. 1991).
Ms. *6. Under these circumstances, since there was credible evidence to support the judgment, the trial court’s denial of the plaintiff’s post-judgment motions rested within its sound discretion. Ms. *6, citing Jawad v. Granade, 497 So. 2d 471 (Ala. 1986).