JOHNSTON-TOMBIGBEE FURNITURE MFG. v. Berry

On Remand from the Alabama Supreme Court

This case is before this court on remand from the Supreme Court of Alabama.

This court affirmed a summary judgment entered in favor of Scott Berry ("Scott") on claims asserted by Johnston-Tombigbee Furniture Manufacturing Company, Inc. ("Johnston-Tombigbee"), in an amended complaint. Johnston-Tombigbee Furniture Mfg. Co.v. Berry, 937 So.2d 1029 (Ala.Civ.App. 2004) ("Johnston-Tombigbee I"). In reaching its holding, this court determined, among other things, that the claims asserted in the amended complaint did not relate back, pursuant to Rule 15(c), Ala.…