McLemore v. Fleming

ROBERTSON, Presiding Judge.

This is an appeal from a summary judgment entered in favor of Roy Fleming in an eviction action.

This case was previously before this court on an appeal from a prior summary judgment entered by the trial court on April 8, 1993. The facts, as set out in that earlier appeal, McLemore v. Fleming, 632 So.2d 482 (Ala.Civ.App.1994) (hereinafter “McLemore I”), are as follows:

“The record reflects that the parties to this action are family members who have been in a litigious battle since their father and mother died, leaving substantial real estate holdings. One of those…