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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