CIVIL PROCEDURE - SUMMARY JUDGMENT HEARING 10 DAYS AFTER MOTION IS FILED - HOOKS V. PETTAWAY
Hooks v. Pettaway, [Ms. 2110540, Aug. 10, 2012] ___ So. 3d ___ (Ala. Civ. App. 2012). Defendant filed a motion for summary judgment the day before the trial date. The trial court granted the motion the next day and entered summary judgment. Plaintiff was not given the ten days required by Rule 56(c)(2), Ala. R. Civ. P., to respond to the summary judgment motion, so the Court of Civil Appeals reversed.