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HILLIARD v. SOUTHTRUST BANK OF ALABAMA, N.A.

1900288.

581 So.2d 826 (1991)

Earl F. HILLIARD v. SOUTHTRUST BANK OF ALABAMA, N.A. and Marguerite W. Stewart, as Co-Executors of the Estate of Robert Chauncey Stewart, Deceased.

Supreme Court of Alabama.

May 24, 1991.

Attorney(s) appearing for the Case

Henry L. Penick of Penick & Brooks, Birmingham, for appellant.

Raymond C. Winston and Joyce E. May, Birmingham, for appellees.

PER CURIAM.

This is an appeal from the denial of a motion for relief from judgment made pursuant to Rule 60(b), A.R.Civ.P.

The issue in this case is whether the trial court denied Hilliard the 10-day notice required by Rule 56(c), A.R.Civ.P., and, if so, whether Hilliard was prejudiced by that denial. We hold that the court did violate the 10-day requirement of Rule 56(c) and that Hilliard was prejudiced. We reverse the denial of the Rule 60(b) motion.

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