Liles v. Flatley

The sole issue presented is whether the trial court erred in striking the plaintiff's affidavit offered in opposition to the defendant's motion for summary judgment. The defendant's motion was supported entirely by the prior deposition testimony of the plaintiff, which, if considered apart from the plaintiff's affidavit, left the plaintiff defenseless against the charge that his activities for which he seeks damages violated Ala. Code 1975, § 34-27-30.1

The trial court's summary judgment order reads, in pertinent part, as follows:

"This matter came on for hearing on April 1, 1993, with respect…