Stockton v. CKPD DEVELOPMENT CO., LLC

This appeal is from a summary judgment in favor of CKPD Development Co., LLC ("CKPD"), and against Carter Stockton, Flo U. Stockton, Benton A. Stockton, and the Stockton Family Limited Partnership (collectively referred to as "the Stocktons"). We reverse the trial court's judgment and remand.

Facts and Procedural History

This appeal represents the second time the Stocktons have appealed a summary judgment in favor of CKPD. We transferred the first appeal to the Court of Civil Appeals, pursuant to § 12-2-7(6), Ala. Code 1975. At that time, the Court of Civil Appeals set forth the procedural…