SUMMERLIN v. SUMMERLIN

No. 1051470.

962 So.2d 170 (2007)

Terry SUMMERLIN v. Sharon SUMMERLIN.

Supreme Court of Alabama.

January 12, 2007.


Attorney(s) appearing for the Case

Kenneth A. Nixon, William E. Shreve, Jr., and Shane E. Taylor of Lyons, Pipes & Cook, P.C., Mobile, for appellant.

W. Gregory Hughes, Mobile, for appellee.


SMITH, Justice.

Terry Summerlin appeals from a partial summary judgment entered in favor of Sharon Summerlin by the Mobile Circuit Court. We set aside the trial court's certification of the summary judgment as final under Rule 54(b), Ala. R. Civ. P., and remand.

Facts and Procedural History

On July 23, 2005, Thomas R. Summerlin, 38, and his 7-year-old stepson, Noah C. Butler, were on the beach in Gulf Shores when they were struck by lightning...

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