Braden v. Jim Bishop Chevrolet, Inc.

This appeal is from a summary judgment; we affirm.

On January 30, 2002, Jim Bishop Chevrolet, Inc., doing business as Jim Bishop Toyota ("Bishop"), sued Andy Braden in the Colbert Circuit Court, alleging fraud, breach of contract, detinue, conversion, and misrepresentation. Braden responded with a motion to dismiss, which was denied by the trial court; Braden then filed an answer, which he subsequently amended. Bishop gave notice of its intent to depose Braden and Braden responded on July 31, 2002, with a motion to stay the civil proceedings, listing the following grounds:

"2. Among the claims…