Skyline Estates Development, Inc. v. Foster

562 So. 2d 241, 1990 Ala. LEXIS 221, 1990 WL 64966

Opinion

JONES, Justice.

The appellants, Skyline Estates Development, Inc., Thrasher Home Builders, Inc., J. H. Acton Building Corporation, Inc., Wallace K. Thrasher, and J.H. Acton, Sr., appeal from a summary judgment in favor of Thomas L. Foster on their claim against Foster alleging, among other things, breach of an alleged fiduciary duty owed to Skyline.

After a careful review of the record in this case, we find it apparent that the appellants’ claims asserted in this action should have been brought by a counterclaim in a prior action involving these parties. Therefore, the trial court’s judgment is due to be affirmed. See Rule 13(a), A.R.Civ.P.; and Mississippi Valley Title Insurance Co. v. Hardy, 541 So.2d 1057 (Ala.1989).

AFFIRMED.

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