Antonio Saldana Hernandez and Sandy Herman-Hernandez v. City of Hoover and Jacob Pugh
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REL: 12/07/2007 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2007-2008 _________________________ 2060794 _________________________ Antonio Saldana Hernandez and Sandy Herman-Hernandez v. City of Hoover and Jacob Pugh Appeal from Jefferson Circuit Court (CV-06-3669) MOORE, Judge. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(E), Ala. R. App. P.; Ernst & Young, LLP v. Tucker, 940 So. 2d 269, 284 (Ala. 2006); Ex parte Cranman, 792 So. 2d 392 (Ala. 2000); Matthews v. Alabama 2060794 Agric. & Mech. Univ., 787 So. 2d 691 (Ala. 2000); Smith v. Union Bank & Trust Co., 653 So. 2d 933, 934 (Ala. 1995); Lott v. Toomey, 477 So. 2d 316, 319 (Ala. 1985); and Thurmond v. City of Huntsville, 904 So. 2d 314, 319 (Ala. Civ. App. 2004) . Pittman, Bryan, and Thomas, JJ., concur. Thompson, P.J., dissents, with writing. 2 2060794 THOMPSON, Presiding Judge, dissenting. "For a summary judgment to be proper, there must be no genuine issue of material fact and the movant must be entitled to a judgment as a matter of law. Ala. R. Civ. P. 56(c), Tripp v. Humana, Inc., 474 So. 2d 88 (Ala. 1985). Further, on review of a summary judgment we must view all the evidence in a light most favorable to the nonmovant and we must entertain all reasonable inferences from the evidence in favor of the nonmovant. Fincher v. Robinson Bros. Lincoln-Mercury, 583 So. 2d 256 (Ala. 1991)." First Fin. Ins. Co. v. Tillery, 626 So. 2d 1252, 1254 (Ala. 1993). Because I believe that the evidence contained in the record on appeal, when viewed in a light most favorable to the plaintiffs, created a genuine issue of material fact to be decided by a jury, I would reverse the summary judgment in favor of the defendants. Therefore, I respectfully dissent. 3
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