Rowe v. Isbell

Rita Rowe sued John Isbell, owner of Cullman Discount Pharmacy, Inc., alleging libel and slander. Isbell moved for a summary judgment "based on the pleadings and the excerpts of Rowe's deposition, quoted in the brief submitted in support of [his] motion." The trial court, relying primarily on deposition testimony, granted the motion. Rowe appeals from the resulting judgment.

We note that Rowe argues, and Isbell acknowledges, that the deposition testimony was not "on file" with the trial court when the motion was submitted. Therefore, the only evidence available to the trial court at the time…