Lockhart v. Phenix City Inv. Co.

Homer Lockhart appeals from two orders of the trial court: one vacating a prior order granting Lockhart's motion for voluntary dismissal without prejudice, and the other entering summary judgment in favor of the defendants, Phenix City Investment Company and F. Porter Knowles. We affirm in part, reverse in part and remand.

Lockhart filed a complaint in Russell County Circuit Court against Phenix City Investment Company, F. Porter Knowles, and Larry W. Roney for breach of covenants of warranty in a deed and for fraud. By stipulation of the parties, Roney was dismissed. The remaining defendants…