Dickerson v. Deno - Tonda Dickerson v Sandra Deno et al Ex...

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Tonda Dickerson v. Sandra Deno et al. Ex parte Tonda Dickerson (Re: Sandra Deno et al. v. Tonda Dickerson et al.) SUPREME COURT OF ALABAMA 770 So. 2d 63; 2000 Ala. LEXIS 55 February 18, 2000, Released OPINION MADDOX, Justice. The parties to these proceedings dispute whether the holder of a winning Florida lottery ticket must share the winnings with others because of an alleged prior oral [*64] agreement they all had made to share the winnings if any one of them was a winner. The trial court held that the one had to share the winnings with the others. (1) . .. Assuming, arguendo, that the proof was sufficient to establish an oral agreement, [**2] was the agreement unenforceable on the basis that it was a contract made in Alabama and was "founded … on a gambling consideration," as that term is used in Ala. Code 1975, § 8-1-150 ? We conclude that the agreement constituted a contract "founded … on a gambling consideration" and, therefore, that it was unenforceable; consequently, we reverse the judgment of the trial court and render a judgment for the defendant Tonda Dickerson. The facts are basically undisputed. The plaintiffs--Sandra Deno, Angie Tisdale, Matthew Adams, and Jackie Fairley--and the defendant Tonda Dickerson were all employees at the Waffle House restaurant in Grand Bay, Alabama. Edward Seward, who is not a party to this action, was a regular customer of the Waffle House. On several occasions Seward would travel to Florida and purchase lottery tickets and upon his return would give the tickets to various friends and family members, including the employees of the Waffle House. Seward did not expect to share any potential lottery winnings based on the tickets he gave away, but he claimed that he was promised a new truck by the employees of the Waffle House if one of the tickets he distributed there was [**3] a winning ticket. Several employees of the Waffle House received lottery tickets from Seward during the several weeks that he gave out the tickets. A drawing for the Florida lottery was scheduled for Saturday night, March 6, 1999. During the week before that drawing, Seward traveled to Florida and purchased several lottery tickets. He placed each individual ticket in a separate envelope and wrote the name of the intended recipient on the outside of the envelope. On March 6, 1999, before
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the lottery drawing, Seward presented the plaintiffs Deno, Tisdale, and Adams each with an envelope containing one lottery ticket. The drawing was held as scheduled. The numbers on the lottery tickets held by Deno, Tisdale, and Adams did not match the numbers drawn in the March 6 drawing. On March 7, 1999, after the March 6 drawing had already been concluded and the
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This note was uploaded on 10/27/2009 for the course LEB 03605 taught by Professor Peterson during the Spring '09 term at University of Texas.

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Dickerson v. Deno - Tonda Dickerson v Sandra Deno et al Ex...

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