Unusual Appellate Summary Judgment Issues
The Isbell v. Aztecas Mexican Grill opinion discusses a number of unusual procedural appellate issues regarding summary judgment motions. The defendant in that premises liability action moved for summary judgment. The trial court entered summary judgment based in part on its finding that the affidavit that the plaintiff offered in opposition to the defendant's motion did not contain admissible evidence. The Court of Civil Appeals refused to consider the affidavit because the plaintiff did not appeal from that aspect of the summary judgment order. No. 2100333 (Ala. Civ. App. June 30, 2011).
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