Tommy Brooks Oil Company v. Jerry Wilburn

CHAMBERLIN, JUSTICE, FOR THE COURT:

¶ 1. Tommy Brooks Oil Co. ("Brooks Oil") challenges the trial court's grant of summary judgment in favor of Jerry Wilburn. 1 The party moving for summary judgment bears the burden to demonstrate that there is no genuine issue as to any material fact and that judgment should be rendered as a matter of law. Wilburn did not meet this burden, and the trial court erred in granting summary judgment.

¶ 2. According to Brooks Oil, Wilburn Oil Co., Inc. ("Wilburn Oil") had amassed nearly $1 million in unpaid fuel bills before Brooks Oil refused to sell Wilburn Oil any…