University of South Alabama v. Escambia County

On Application for Rehearing

YATES, Judge.

The opinion of February 25, 2000, is withdrawn, and the following is substituted therefor.

The University of South Alabama d/b/a University of South Alabama Medical Center Hospital (hereinafter “USAMC”) appeals from a summary judgment in favor of Escambia County. This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.

A summary judgment is appropriate only when the moving party shows “that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law.” Rule…