Johnson v. Northpointe Apartments

H. Keith Johnson appeals from a summary judgment entered in favor of Northpointe Apartments in Johnson's action alleging breach of a lease agreement, conversion, and trespass. We reverse and remand.

Almost all the evidence in this action is in sharp dispute. However, viewed in a light most favorable to Johnson, the nonmovant, as our standard of review requires, Andrews v. Alabama Eye Bank, 727 So.2d 62,63 (Ala. 1999), the evidence suggests the following:

In the spring of 1996, Keith Johnson and his wife, Renee, were leasing Apartment 86 from Northpointe Apartments ("Northpointe"), in Saraland,…