Cory v. Pearl, Inc.

Supreme Court of Alabama

Cory v. Pearl, Inc.

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

CourtSupreme Court of Alabama

DecidedJanuary 4, 1991

Docket1900056

StatusPublished

This text of 574 So. 2d 790 (Cory v. Pearl, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cory v. Pearl, Inc., 574 So. 2d 790, 1991 Ala. LEXIS 4, 1991 WL 4188 (Ala. 1991).

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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.

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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.

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Bluebook (online)

574 So. 2d 790, 1991 Ala. LEXIS 4, 1991 WL 4188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cory-v-pearl-inc-ala-1991.