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Morrow v. Dunlop Tire Corp.3/5/1999
t be disturbed on appeal unless those findings are "clearly erroneous, without supporting evidence, manifestly unjust, or against the great weight of the evidence." American Petroleum Equip. & Const. v. Fancher, 708 So. 2d 129, 132 (Ala. 1997). The trial court has the opportunity to observe witnesses and their demeanors, firsthand; therefore, it is incumbent upon the trial court, not the appellate court, to weigh the evidence presented. Webb Oil Co., Inc. v. Holmes, 660 So. 2d 1316 (Ala. Civ. App. 1995).
Based on my review of the record, I find substantial evidence to support the judgment of the trial court. Therefore, I respectfully Dissent.
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