DARBY v. SCHLEY

2070027.

8 So.3d 1011 (2008)

Harold W. DARBY III v. Tom SCHLEY.

Court of Civil Appeals of Alabama.

November 14, 2008.


Attorney(s) appearing for the Case

William R. Justice of Wallace, Ellis, Fowler & Head, Columbiana, for appellant.

Wm. Randall May of Allison, May & Kimbrough, L.L.C., Birmingham, for appellee.


BRYAN, Judge.

The plaintiff, Harold W. Darby III, appeals from a summary judgment entered in favor of the defendant, Tom Schley, in an unlawful-detainer action in the Shelby Circuit Court. Because the judgment appealed from is void, we vacate the judgment and dismiss the appeal.

On August 29, 2006, Darby brought this unlawful-detainer action against Schley in the Shelby District Court, seeking to recover possession of a house and a tract of land in Shelby...

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