Quimby v. Memorial Parks, Inc.

RICHARD L. HOLMES, Retired Appellate Judge.

Robert E. Quimby appeals from a summary judgment entered in favor of Memorial Parks, Inc. (MPI). This ease is before this court pursuant.to Aa.Code 1975, § 12-2-7(6).

At the outset we would note that this is the second time that this case has been presented for appellate review. For a better understanding of the issue at hand, we would suggest that interested parties refer to the underlying facts, which have been fully cited by our supreme court in Quimby v. Memorial Parks, Inc., 667 So.2d 1353 (Ala.1995).

Briefly, we note that on February 20,1979,…