Hales v. First Nat. Bank of Mobile

This action was initiated by plaintiff First National Bank of Mobile (the Bank) filing a two count complaint alleging a deficiency arising from a foreclosure sale and the right to possession of certain personal property under a security agreement. Defendants Philip and Dorothy Hales appeal from the grant of summary judgment in favor of the Bank on their amended counterclaim which alleged,inter alia, fraud, misrepresentation, and breach of fiduciary duty by the Bank. We reverse.

Issue

Whether the trial court erred to reversal in converting, suasponte, the Bank's motion to dismiss pursuant to…