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  • Regardless if an attempt judge can get gauge the trustworthiness of the witnesses before it, look for Countries Financial v

    Regardless if an attempt judge can get gauge the trustworthiness of the witnesses before it, look for Countries Financial v

    Even though the demonstration court read testimony and in addition we have to hence comment the view in ore tenus standard, find McPherson Oils Co. v. Massey, 643 Therefore.2d 595, 596 (Ala.1994), the fresh new ore tenus standard does not protect an attempt court’s informative conclusions where record does not have reliable, good proof to support those individuals results. More youthful v. Weaver, 883 Very.2d 234, 236 (Ala.Civ.Application.2003) (Since demonstration courtroom grabbed evidence ore tenus, the wisdom is given a presumption out-of correctness and may even maybe not getting corrected except if it is been shown to be unsupported because of the ample research and you will plainly and you can palpably wrong.). Matthews’s testimony is only you to definitely, within her opinion, that was told, she told you, of the records you to definitely she failed to introduce within demo, she failed to are obligated to pay anything to help you Environmentally friendly Tree. She considering no proof of what kind of cash you to she had paid back across the longevity of the loan package, and you may she didn’t throw doubt with the testimony out-of Kelley, exactly who, based on showcases acknowledge towards the proof documenting Matthews’s payment record, testified you to Matthews had not paid down the amount she owed not as much as the loan deal.