Appellate Law

Narrative Summary of Undisputed Facts Must Be Before Trial Court When It Rules on Motion For Summary Judgment

An interesting discussion of the requirement that a narrative summary of unsdisputed facts, as required by Ala. R. Civ. P. 56, must be before the trial court when it rules on a summary judgment motion is found in Kelmore, LLC v. Alabama Dynamics, Inc., [Ms. 1050479] (Ala. April 3, 2009).

In Kelmor, the trial court entered summary judgment on behalf of the defendants in a complicated breach of contract case involving the sale of a business.  On appeal, the plaintiff argued that the summary judgment was void because, it claimed, the motion was not supported by a narrative summary of undisputed facts and evidence. 

The record on appeal indicated that the narrative summary of undisputed facts and evidentiary submission in support of the motion were not filed until over a month after the summary judgment was issued. "[ A] summary judgment cannot be granted if it is not accompanied by a narrative summary of undisputed material facts supporting the motion."  Slip. Op. p. 11. Because it appeared that the narrative summary and evidence were not before the trial court when it ruled, the Supreme Court issued a show cause order inquiring why the appeal should not be dismissed from being from a void judgment.

In response, the defendants stated that they were told by the circuit court clerk's office to not file their narrative summary of undisputed facts and the evidence, but rather to give it directly to the judge.  They asserted that they did so at the summary judgment hearing.  After they learned that the plaintiff would appeal, they reviewed the case action summary and realized that the narrative summary and evidence were not in the record.  So, they subsequently filed the narrative summary and evidence, which was why it was reflected as not being filed until a month after the judgment.

Pursuant to Ala. R. App. P. 10(f), the Supreme Court then remanded the case to the trial court so that the trial court could make an entry stating whether the narrative summary and evidence were actually before it when it ruled.  The trial court confirmed that the narrative summary of undisputed facts and evidence were, in fact, before it when it ruled.  Thus, the Supreme Court found that the required narrative summary and evidence was before the trial court, and considered the appeal, ultimately affirming the summary judgment.

Full post as published by Alabama Appellate Watch on April 10, 2009 (boomark / email).