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PHILLIPS v. AMSOUTH BANK

1010207.

833 So.2d 29 (2002)

Thomas L. PHILLIPS and John David Phillips v. AmSOUTH BANK.

Supreme Court of Alabama.

April 19, 2002.

Attorney(s) appearing for the Case

Katherine A. Harbison and J. Paul Zimmerman of Gentle, Pickens, Eliason & Turner, Birmingham, for appellants.

Maibeth J. Porter and Lorrie L. Hargrove of Maynard, Cooper & Gale, P.C., Birmingham, for appellee.

WOODALL, Justice.

Thomas L. Phillips and John David Phillips appeal from a "summary judgment" against them in their action against AmSouth Bank ("AmSouth"). We reverse and remand.

Thomas Phillips and John Phillips, the beneficiaries of a trust created by the will of J.T. Phillips, their grandfather, sued AmSouth. Their complaint alleged, among other things, that AmSouth, as a "quasi trustee and as a trustee in invitum," had breached its fiduciary duties...

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