Motion For Summary Judgment Must Be Based On Evidence, Not Mere Averments

In Jones-Lowe Company v. Southern Land and Exploration Company, Inc., [Ms. 1071575] (Ala. March 6, 2009), the Alabama Supreme Court reversed the trial court’s granting of a motion for summary judgment because the motion was based on mere averments and not supported by evidence filed with the trial court.  "[M]otion averments are not evidence in any sense."

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Cases Released March 6, 2009

From the Alabama Court of Civil Appeals:

Hale v. Kroger Limited Partnership I

W.C.R. v. D.A.L. and D.L.

K.S. v. H.S.

Brown v. Brown

R.T.B. v. Calhoun County Department of Human Resources

Hurst v. Eagles Landing IV, Ltd.

Waters Brothers Contractors, Inc. v. Wimberley

Hollander v. Barnes

Lackey v. Lackey

Montgomery County Board of Education v. Webb

Complete List of Decisions from the Alabama Court of Civil Appeals

 

From the Alabama Supreme Court:

Ex parte Alabama Department of Mental Health and Mental Retardation; Petition for Writ of Mandamus (In re: State of Alabama v. McBride)

Jones-Lowe Company et al. v. Southern Land and Exploration Company, Inc.

Ex parte State of Alabama; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: State of Alabama v. Adams)

Complete List of Decisions from the Alabama Supreme Court