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REL: 4/24/09

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ALABAMA COURT OF C I V I L APPEALS
OCTOBER TERM, 2008-2009

2071092

Larry Proctor
V.

Classic Automotive, Inc. Appeal from Cullman Circuit Court (CV-06-124)

THOMAS, Judge. Larry Proctor appeals from a summary judgment in favor of Classic Automotive, Inc. ("Classic"), on various claims

arising from a transaction in which Proctor's wife, Rhonda, traded-in a 2002 Pontiac Bonneville automobile ("the

2071092 Bonneville") and leased a 2006 Cadillac STS automobile Cadillac") from Classic. ("the

Proctor alleged in his complaint

that Rhonda lacked the mental capacity to enter into the automobile lease agreement with Classic and sought damages for invasion of privacy, negligence, wantonness, and fraud.

Proctor also sought to have the automobile lease agreement set aside. opposed. Classic moved for a summary judgment, which Proctor Proctor did, however, voluntarily dismiss his

invasion-of-privacy claim.

The trial court entered a summary Proctor

judgment in favor of Classic on all remaining claims.

appealed to the Alabama Supreme Court, which transferred the appeal to this court, pursuant to Ala. Code 1975,

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