McCullough v. Safeway Stores, Inc.

OP ALA, Justice:

This cause is before us on reconsideration of dismissal motion. When initially entertained, the motion culminated in the November 3, 1980 dismissal. It was later set aside by order of December 27, 1980. The dispositive question — which unfolded itself at the time we set aside the dismissal — is whether the parties were in fact given timely notice of the trial court’s February 20, 1979 in absentia ruling on the defendant’s motion for summary judgment. As an aid to us in resolving this issue we asked that the trial judge, sitting as this court’s special master, give it his…