JOHNSTON-TOMBIGBEE FURNITURE MFG. v. BERRY

2030045.

937 So.2d 1029 (2004)

JOHNSTON-TOMBIGBEE FURNITURE MANUFACTURING COMPANY, INC. v. Scott BERRY.

Court of Civil Appeals of Alabama.

Rehearing Denied December 3, 2004.


Attorney(s) appearing for the Case

Thomas R. Jones, Jr., and Randal Kevin Davis of Davidson, Wiggins & Jones, P.C., Tuscaloosa, for appellant.

Isaac P. Espy of Espy, Nettles, Scogin & Brantley, P.C., Tuscaloosa, for appellee.


YATES, Presiding Judge.

Johnston-Tombigbee Furniture Manufacturing Company, Inc., sued Scott Berry on October 3, 2001, seeking to reform a deed to certain real property based on a mutual mistake of the parties or, in the alternative, to quiet title to the real property. On April 16, 2003, Scott moved the court for a summary judgment. The motion was set for a hearing on August 7, 2003.

On August 6, 2003, Johnston-Tombigbee moved the court to allow it to amend...

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