LUSK v. WOODS

87-1232.

541 So.2d 470 (1989)

Inez W. LUSK and Leila Lusk Calvin v. John WOODS and AmSouth Bank, N.A.

Supreme Court of Alabama.

March 10, 1989.


Attorney(s) appearing for the Case

Ralph Smith, Jr., Guntersville, for appellants.

Cathy S. Wright and Luther M. Dorr, Jr. of Maynard, Cooper, Frierson & Gale and James D. Pruett, Birmingham, for appellees.


KENNEDY, Justice.

This is an appeal from a judgment of the Circuit Court for Marshall County dismissing the complaint for failure to state an actionable claim for relief. See Rule 12(b)(6), A.R.Civ.P.

The sole issue raised by the plaintiffs on appeal is whether the trial court erred in ruling on the defendants' motion to dismiss, which the plaintiffs say was accompanied by matters outside the pleading, without treating the motion as one for summary judgment...

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