589 So. 2d 722 | Ala. | 1991
Because we find that neither the complaint nor the record demonstrates the existence of any material fact over which there is a genuine dispute that would necessitate resolution by a jury, we affirm the summary judgment, on the authority of Rule 56, A.R.Civ.P. That rule sets forth a two-tiered standard for determining whether to enter a summary judgment. In order to enter a summary judgment, the trial court must determine: 1) that there is no genuine issue of material fact, and 2) that the moving party is entitled to a judgment as a matter of law. In determining whether a summary judgment was properly entered, the reviewing court must view the evidence in a light most favorable to the nonmovant. See Turner v. Systems Fuel, Inc.,
Accordingly, the judgment of the trial court is affirmed.
AFFIRMED.
HORNSBY, C.J., and MADDOX, ALMON, ADAMS, HOUSTON, STEAGALL, KENNEDY and INGRAM, JJ., concur.