Phillips v. West Morgan High School

YATES, Presiding Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.; Donoghue v. American Nat’l Ins. Co., 838 So.2d 1032 (Ala.2002); and Panther Oil & Grease Mfg. Co. v. Blount County Bd. of Educ., 41 Ala.App. 434, 134 So.2d 220 (1961).

CRAWLEY and THOMPSON, JJ., concur. PITTMAN and MURDOCK, JJ., dissent. PITTMAN, Judge, dissenting.

The standard of review an appellate court must apply to a judgment granting a *475motion to dismiss filed pursuant to Rule 12(b)(6), Ala. R. Civ. P., is relatively strict:

“On appeal, a dismissal is not entitled to a presumption of correctness.…