RULES OF CIVIL PROCEDURE: SUMMARY JUDGMENT - TUCKER V. RICHARD M. SCRUSHY CHARITABLE FOUNDATION, INC.
In Tucker v. Richard M. Scrushy Charitable Foundation, Inc., [Ms. 1100736, Apr. 6, 2012] __ So. 3d __(Ala. 2012), the Supreme Court reversed the trial court's grant of summary judgment because the plaintiffs were not given ten day notice of the hearing as required by Ala. R. Civ. P. 56. In this case, the defendant filed a request for summary judgment on one of Plaintiffs' claims the day before an already-scheduled hearing for summary judgment on Plaintiffs' other claims. Nothing in the record indicated the plaintiffs consented to the motion being heard on less than ten days' notice as required under Rule 56. The Court held that non-compliance with the ten-day notice rule does not constitute reversible error absent a showing of actual prejudice. Here, the Court found that the plaintiffs were caused actual prejudice because they did not have an opportunity to even respond to the defendant's summary judgment request since it was filed only one day before the scheduled hearing.