Summary Judgment - Entitlement to Hearing


Thomas T. Zieman, Jr. v. Zieman Speegle, LLC, [Ms. 1180196, Sept. 20, 2019] __ So. 3d __ (Ala. 2019). The Court (Sellers, J.; Parker, C.J., and Bolin, Wise, and Mitchell, JJ., concur) reverses a summary judgment entered by the Mobile Circuit Court dismissing a counterclaim and third-party complaint filed by Thomas T. Zieman, Jr. in an action involving the dissolution of a law firm.

In a pleading filed before entry of the judgment, Zieman asserted that the trial court’s consideration of matters outside the pleadings would convert the law firm’s motion to dismiss to a motion for summary judgment entitling Zieman to a hearing. Ms. *11. The Court reversed and remanded because Zieman “demonstrated that he is entitled to a hearing on the law firm’s motion to dismiss, which was converted to a motion for summary judgment.” Ms. *13.

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