Marks Fitzgerald Furn. Co. v. Clarklift of Alabama, Inc.

This is an appeal from a summary judgment entered, pursuant to Rule 54 (b), in favor of Clarklift of Alabama, Inc., on the ground that the applicable statute of limitations bars Marks Fitzgerald Furniture Company's action for fraud against Clarklift. We reverse and remand.

Because this is an appeal from a summary judgment, we review the record for evidence which would yield any inference in support of Marks Fitzgerald's claim creating a factual dispute for resolution by a jury. In other words, in order to reverse the summary judgment below, there must have been factual evidence presented by…