Devenish v. Phillips

The plaintiff Thomas H. Devenish appeals from a summary judgment in favor of the defendants Barry C. Phillips ("Phillips") and Barry Phillips Builder, Inc. ("Phillips Builder").

A summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Rule 56(c)(3), Ala.R.Civ.P. When the movant makes a prima facie showing that no genuine issue of material fact exists, the burden…