Papastefan v. B & L Const. Co., Inc. of Mobile

The plaintiffs appeal from a summary judgment rendered on motion of the defendant.

Plaintiffs sued B L Construction Company, Inc. alleging fraud in the sale of a house. The defendant filed an ARCP Rule 12 (b)(6) motion to dismiss the complaint; but before it was ruled on, defendant also filed a motion for summary judgment, supported by deposition of the plaintiff, John J. Papastefan, and correspondence between plaintiffs and defendant.

Defendant's motion to dismiss was grounded on the statute of limitations, asserting that the plaintiffs' complaint showed on its face that the claim was barred.…