Lambert v. ALABAMA REAL ESTATE COM'N

This is an appeal from an order granting a motion to dismiss by the Circuit Court of Colbert County, Alabama. John A. Lambert, Jr. contends that Rule 78, A.R.Civ.P., requires the trial court to provide an opportunity for a hearing before a motion to dismiss can be granted. We agree and reverse.

The case involves the following facts:

The Alabama Real Estate Commission revoked John A. Lambert, Jr.'s real estate broker's license on April 17, 1984. Lambert appealed this ruling to the Circuit Court of Colbert County, Alabama. A motion to dismiss the appeal was filed in behalf of the Alabama Real…