Summary Judgment Procedure


Riddle v. Everett, [Ms. 2190817, Feb. 12, 2021], ___ So. 3d ___ (Ala. Civ. App. 2021). The court (Moore, J.; Thompson, P.J., and Edwards, Hanson, and Fridy, JJ., concur) reverses the Winston Circuit Court’s order dismissing a declaratory judgment action. The circuit court clearly considered matters outside of the pleadings in dismissing the action, consequently

The motion to dismiss was converted into a summary-judgment motion, and both sides should have been given a reasonable opportunity to submit affidavits and other extraneous proof to avoid their being taken by surprise through conversion of the motion to dismiss to one for a summary judgment, see Drees [v. Turner, 10 So. 3d 601, 603 (Ala. Civ. App. 2008)], ... particularly in light of the revival of the Everetts’ original motion to dismiss, which had previously been denied, in the present case. We therefore reverse the trial court’s July 14, 2020, judgment insofar as it dismissed the Winkleses’ complaint, and we remand the cause for further proceedings consistent with this opinion.

Ms. **13-14.

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