Reid v. Flournoy
In Reid v. Flournoy, 600 So. 2d 1024 (Ala. Civ. App. 1992), the Court of Civil Appeals of Alabama affirmed the lower court's holding that a claimant had not met her burden of proof under a statute almost identical to Nebraska's 30-2309.
Reid noted the factually intensive nature of the case and discussed the deference appropriately given to the lower court:
"Evidence was offered which, if believed, was necessary to prove Reid's case; however, the trial court heard and saw the witnesses and had the opportunity to judge their demeanor and credibility. Additionally, the evidence presented by Reid was disputed by evidence presented by the appellees; therefore, the record contains evidence supporting the contentions of both sides. In determining the weight to be accorded a witness's testimony, the trial court, as the sole judge of the credibility of a witness, considers the demeanor and the "apparent candor or evasiveness" of the witness. . . . As such, the trial court may disbelieve and disregard portions of testimony and should accept only that testimony it considers worthy of belief." 600 So. 2d at 1026.