Cory v. Pearl, Inc.

574 So. 2d 790, 1991 Ala. LEXIS 4, 1991 WL 4188

Opinion

PER CURIAM.

Because the trial court’s judgment dismissing the plaintiff’s claim was obviously based upon “facts” that are now argued on appeal in support of the judgment of dismissal, which “facts” were never before the trial court and thus could not have properly served as the basis for the dismissal, we reverse the judgment and remand the cause for further proceedings.

REVERSED AND REMANDED.

HORNSBY, C.J., and JONES, SHORES, HOUSTON and KENNEDY, JJ., concur.