Tucker v. Richard M. Scrushy Charitable Foundation, Inc.

PARKER, Justice.

Wade Tucker, the Wendell H. Cook, Sr. Testamentary Trust, and HealthSouth Corporation (hereinafter collectively referred to as “the plaintiffs”) appeal from the circuit court’s partial summary judgment in favor of the Richard M. Scrushy Charitable Foundation, Inc. (“the Foundation”). We reverse and remand.

Facts and Procedural History

The circuit court set forth the relevant facts and the procedural history in its order granting the Foundation’s summary-judgment motion:

“This matter is now before the Court on the Richard M. Scrushy Charitable Foundation (the ‘Foundation’)’s…