Summary Judgment Procedure

Galea v. Secretary of Veterans Affairs, [Ms. SC-2022-0906, June 23, 2023] __ So. 3d __ (Ala. 2023). The Court (Mitchell, J.; Parker, C.J., and Shaw, Wise, Bryan, Stewart, and Cook, JJ., concur; Sellers and Mendheim, JJ., concur in the result) affirms the Tuscaloosa Circuit Court’s summary judgment in favor of the Secretary of Veterans Affairs (“SVA”) in an ejectment action against Alex C. Galea and Jane Galea who had fallen behind on the mortgage payments on their home in Tuscaloosa.

Although the Galeas’s answer asserted they had evidence that the foreclosure sale was illegal, they did not offer any admissible evidence refuting the evidence submitted by SVA. The Court reiterates that “bare allegations, unsupported by affidavits or other evidentiary showings, do not create triable issues of fact when the party moving for summary judgment has supported its motion with affidavits or other probative, admissible evidence.” McGee v. Liberty Mut. Ins. Co., 554 So. 2d 1023, 1024 (Ala. 1989). Ms. *7.

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