B.A.S.S. Coal, Inc. v. Black Warrior Minerals, Inc
In B.A.S.S. Coal, Inc. v. Black Warrior Minerals, Inc., 579 So. 2d 1325 (Ala. 1991), the defendants failed to move either for a new trial or for a judgment notwithstanding the verdict (now a judgment as a matter of law).
The Court refused to consider on appeal an argument that the plaintiff had not presented a scintilla of evidence to justify the amount of damages awarded, because of an improper apportioning of damages among breach-of-contract, fraud, and conversion counts.