McCulley v. SOUTHTRUST BANK OF BALDWIN

Over a year after the death of Ms. Sue Cheatham, Robert McCulley, as executor of her estate, filed this action against South-Trust Bank of Baldwin County ("the Bank"), alleging breach of contract, conversion, and suppression of material facts. The Bank filed a motion for summary judgment, alleging that "there are no genuine issues of material fact and judgment is due to be entered as a matter of law." Attached to the motion was a certified copy of Ms. Cheatham's death certificate, which showed that she died on February 7, 1986. All pleadings in the court file were offered in support of the…