West v. Bruno's, Inc.

I concur with the main opinion insofar as the court reverses the summary judgment. However, based upon the following argument, I believe further discovery is necessary before the trial court may entertain a motion for a summary judgment or may set a date for trial. The competing affidavits offered by Bruno’s and West raise a genuine issue of material fact: whether check number 1192 stamped “insufficient funds” and returned to Bruno’s, was in fact paid on August 24, 1999. If these funds were not paid, then Bruno’s is entitled to immunity under § 13A-9-13.2, Ala.Code 1975. If the funds were…