Hill v. Kraft, Inc.

CourtSupreme Court of Alabama
Writing for the CourtHOUSTON; TORBERT
Citation496 So.2d 768
PartiesCraig HILL v. KRAFT, INC., a Corporation, et al. 85-649.
Decision Date03 October 1986

Page 768

496 So.2d 768
Craig HILL
v.
KRAFT, INC., a Corporation, et al.
85-649.
Supreme Court of Alabama.
Oct. 3, 1986.

Page 769

James M. Prestwood of Prestwood, Prestwood & Jazwinski, Andalusia, for appellant.

W.H. Albritton IV of Albrittons, Givhan & Clifton, Andalusia, for appellees.

HOUSTON, Justice.

This is an appeal from a judgment of dismissal.

Nothing was considered by the trial court but the complaint and the motion to dismiss. The motion was not treated as a motion for summary judgment with all parties given an opportunity to present all pertinent material in accordance with the last provision of Rule 12(c), Ala.R.Civ.P. Therefore, this Court must test the action of the trial court under the standard of review applicable to a dismissal under Rule 12(b)(6). Roberts v. Meeks, 397 So.2d 111 (Ala.1981).

Motions to dismiss should be granted sparingly, and a dismissal is proper only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief. Garrett v. Gilley, 488 So.2d 1360 (Ala.1986).

In the first count Craig Hill prayed for the following relief:

"That Defendants be required to account to this Plaintiff for their handling of each item of business pertaining to this Plaintiff and to Plaintiff's rights not only under the insurance contract that afforded some payment of Plaintiff's expenses but a complete revelation and accounting of the settlement to the Civil Action styled: Frank Fenton and Irma Jean Fenton, Plaintiffs vs. Joseph C. Hill and Kraft, Inc., Defendants, Case No. 14,757, In the Circuit Court of Lowndes County, Mississippi. Plaintiff is one and the same person as Joseph C. Hill."

In the second count it was alleged: "On or about the 11th day of February, 1980 the Defendants converted to their own use certain monies due the Plaintiff under an insurance contract" provided and issued by defendants of a value believed to be in excess of $15,000.

It will not benefit the parties to this controversy, the Bar, or the judiciary to set out Hill's first claim in its entirety. This Court certainly would not want to encourage

Page 770

such pleading, but suffice it to say that though it is difficult to express what claim is alleged, it does not appear beyond doubt that plaintiff can prove no set of facts in support of an action for an accounting.

As to the second claim, we cannot say as a matter of law that " 'certain monies due the Plaintiff under an insurance contract,' whether still in the hands of Ideal Mutual Insurance Company or paid to Kraft, Inc. by that insurance company," cannot be specific property which would support an action in conversion, under any conceivable set of facts which plaintiff might prove. In support of its position, Kraft cites as authority the cases of Lewis v. Fowler, 479 So.2d 725 (Ala.1985), and Humana of Alabama, Inc. v. Rice, 380 So.2d 862 (Ala.Civ.App.1979), cert. denied, 380 So.2d 864 (Ala.1980). In both of those cases, the...

To continue reading

Request your trial
83 practice notes
  • LIBERTY NAT. v. UNIV. OF ALA. HEALTH SERVS.
    • United States
    • Supreme Court of Alabama
    • September 19, 2003
    ...would entitle the plaintiff to relief.' Nance, 622 So.2d at 299; Garrett v. Hadden, 495 So.2d 616, 617 (Ala.1986); Hill v. Kraft, Inc., 496 So.2d 768, 769 Lyons v. River Road Constr., Inc., 858 So.2d 257, 260 (Ala.2003). The complaint states that since 1969, Liberty National has issued canc......
  • Corley v. Richardson, 1160132
    • United States
    • Supreme Court of Alabama
    • July 21, 2017
    ...plaintiff to relief." Nance, 622 So.2d at 299 ; 243 So.3d 816 Garrett v. Hadden, 495 So.2d 616, 617 (Ala. 1986) ; Hill v. Kraft, Inc., 496 So.2d 768, 769 (Ala. 1986).’" Lyons v. River Road Constr., Inc., 858 So.2d 257, 260 (Ala. 2003)."The issue before us is whether, when the facts are read......
  • Dgb Llc v. Hinds, 1081767.
    • United States
    • Supreme Court of Alabama
    • June 30, 2010
    ...support of the claim that would entitle the plaintiff to relief. Garrett v. Hadden, 495 So.2d 616, 617 (Ala.1986); Hill v. Kraft, Inc., 496 So.2d 768, 769 (Ala.1986).”Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993).Analysis The trial court did not specify the grounds for its dismissal of t......
  • Swain v. AIG Claims, Inc., 2180336
    • United States
    • Alabama Court of Civil Appeals
    • October 18, 2019
    ...In short, a plaintiff is generally given a chance to prove the facts supporting the elements of the pleaded claim. Hill v. Kraft, Inc., 496 So. 2d 768, 771 (Ala. 1986). Specifically, with regard to the tort-of-outrage claim, in order to prevail, Swain must ultimately prove as follows:"[O]n ......
  • Request a trial to view additional results
84 cases
  • LIBERTY NAT. v. UNIV. OF ALA. HEALTH SERVS.
    • United States
    • Supreme Court of Alabama
    • September 19, 2003
    ...would entitle the plaintiff to relief.' Nance, 622 So.2d at 299; Garrett v. Hadden, 495 So.2d 616, 617 (Ala.1986); Hill v. Kraft, Inc., 496 So.2d 768, 769 Lyons v. River Road Constr., Inc., 858 So.2d 257, 260 (Ala.2003). The complaint states that since 1969, Liberty National has issued canc......
  • Corley v. Richardson, 1160132
    • United States
    • Supreme Court of Alabama
    • July 21, 2017
    ...plaintiff to relief." Nance, 622 So.2d at 299 ; 243 So.3d 816 Garrett v. Hadden, 495 So.2d 616, 617 (Ala. 1986) ; Hill v. Kraft, Inc., 496 So.2d 768, 769 (Ala. 1986).’" Lyons v. River Road Constr., Inc., 858 So.2d 257, 260 (Ala. 2003)."The issue before us is whether, when the facts are read......
  • Dgb Llc v. Hinds, 1081767.
    • United States
    • Supreme Court of Alabama
    • June 30, 2010
    ...support of the claim that would entitle the plaintiff to relief. Garrett v. Hadden, 495 So.2d 616, 617 (Ala.1986); Hill v. Kraft, Inc., 496 So.2d 768, 769 (Ala.1986).”Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993).Analysis The trial court did not specify the grounds for its dismissal of t......
  • Swain v. AIG Claims, Inc., 2180336
    • United States
    • Alabama Court of Civil Appeals
    • October 18, 2019
    ...In short, a plaintiff is generally given a chance to prove the facts supporting the elements of the pleaded claim. Hill v. Kraft, Inc., 496 So. 2d 768, 771 (Ala. 1986). Specifically, with regard to the tort-of-outrage claim, in order to prevail, Swain must ultimately prove as follows:"[O]n ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT