Ex Parte Head

We granted the defendant's petition for a writ of certiorari in order to address their contention that the Court of Civil Appeals' decision affirming the plaintiff's summary judgment conflicts with prior decisions of this Court. After a careful study of the record and of the arguments of the parties, we hold that the Court of Civil Appeals erred in affirming the judgment of the trial court; therefore, we reverse and remand.

Thistle Construction Company, Inc. ("Thistle"), sued Costa Head (Atrium), Ltd., Costa Head (Birmingham One), Ltd., Costa Head Land Company, Pedro C. Costa, and Nelson H.…