Kimberly Estelle v. Ruthie Lee Cunningham
Annotate this Case
Download PDF
Rel: 10/12/2007 NOTICE: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2007-2008 2050217 Kimberly Estelle v. Ruthie Lee Cunningham Appeal from Talladega Circuit Court (CV-04-51) After Remand from the Supreme Court THOMPSON, Presiding Judge. On certiorari review in this case, the Alabama Supreme Court overruled Owens v. Coleman, 520 So. 2d 514 (Ala.1987), 2050217 Taylor v. Southern Bank & Trust Co., 227 Ala. 565, 151 So. 357 (1933), and Barnett v. Boyd, 224 Ala. 309, 140 So. 375 (1932) - cases that this court relied upon in our opinion affirming the trial court's summary judgment - to the extent that they "hold that a former beneficiary is precluded from challenging, on the basis of undue influence, a change by the deceased insured of the beneficiary of an insurance policy." Ex parte Estelle, [Ms. 1051720, July 13, 2007] ___ So. 2d ___, ___ (Ala. 2007). In compliance with the Supreme Court's opinion, the judgment of the trial court is hereby reversed and the cause remanded for further proceedings consistent with the Supreme Court's opinion. REVERSED AND REMANDED WITH INSTRUCTIONS. Pittman, Bryan, Thomas, and Moore, JJ., concur. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
