Huntsville Golf Development, Inc. v. Ratcliff, Inc.
Decision Date | 02 September 1994 |
Citation | 646 So.2d 1334 |
Parties | HUNTSVILLE GOLF DEVELOPMENT, INC. v. RATCLIFF, INC., and Marion L. Ratcliff, d/b/a Ratcliff Construction Company. 1930783. |
Court | Alabama Supreme Court |
Richard E. Dick of Dick & Wisner, P.C., Huntsville, for appellant.
Robert C. Gammons and Charles H. Pullen of Watson, Gammons & Fees, P.C., Huntsville, for appellees.
Huntsville Golf Development, Inc. ("Huntsville Golf"), a condominium development corporation, sued Marion Ratcliff and a corporation he controlled, Ratcliff, Inc., also a condominium development corporation (hereinafter together called "Ratcliff"), alleging that Ratcliff had converted certain architectural plans for a group of condominiums near the Huntsville municipal golf course. The trial court entered a summary judgment in favor of Ratcliff; Huntsville Golf appealed.
On a motion for summary judgment, the burden is initially on the movant to make a prima facie showing that there is no genuine issue of material fact (i.e., that there is no dispute as to any material fact), and that the movant is entitled to a judgment as a matter of law. Rule 56, Ala.R.Civ.P.; McClendon v. Mountain Top Indoor Flea Market, Inc., 601 So.2d 957 (Ala.1992); Elgin v. Alfa Corp., 598 So.2d 807 (Ala.1992). "The burden does not shift to the opposing party to establish a genuine issue of material fact until the moving party has made a prima facie showing that there is no such issue of material fact." McClendon, at 958; Elgin, at 810-11.
Rule 56 must be read in conjunction with the "substantial evidence rule," § 12-21-12, Ala.Code 1975, for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a defendant's properly supported motion for summary judgment, the plaintiff must present substantial evidence, i.e., "evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). On review of a summary judgment, this Court reviews the record in a light most favorable to the nonmovant and must resolve all reasonable doubts against the movant. Wilma Corp. v. Fleming Foods of Alabama, Inc., 613 So.2d 359 (Ala.1993).
In 1990, Huntsville Golf began to develop a group of condominiums, known as Fairway Hills, near the Huntsville municipal golf course. During the early stages of development, Huntsville Golf commissioned an architect to prepare architectural plans specifically for the Fairway Hills development. Huntsville Golf received a loan from SouthTrust Bank to finance the condominium construction. Pursuant to the loan agreement, the president of Huntsville Golf, Nelson Chatelain, executed a document styled "Assignment of Borrower's Interest in Contract Documents"; the document stated, in part, the following:
(Emphasis added.)
The vice president of SouthTrust's commercial loan department, Rebecca Zugaro, testified that a set of the Fairway Hills architectural drawings was delivered to the bank. Zugaro stated that SouthTrust's retention of the drawings was a standard procedure to ensure the completion of the development if SouthTrust had to finish the project.
In 1991, after building 8 of the proposed 31 condominiums that were to comprise...
To continue reading
Request your trial-
In re Greene
...one of the United States Court of Appeals for the Fifth Circuit as dealing with Alabama's law of conversion, Huntsville Golf Dev., Inc. v. Ratcliff, Inc., 646 So.2d 1334 (Ala. 1994); Roberson v. Ammons, 477 So.2d 957 (Ala.1985); Pierce v. Ford Motor Credit Co., 373 So.2d 1113 (Ala.Civ.App. ......
-
In re Perry County Foods, Inc.
...misapplication of property, compare 11 U.S.C. § 548(a)(1)(B) with Cassels v. Pal, 791 So.2d 947 (Ala.2001), Huntsville Golf Development, Inc. v. Ratcliff, 646 So.2d 1334 (Ala.1994), Gillis v. Benefit Trust Life Insurance Co., 601 So.2d 951 (Ala.1992), Rainey v. Ford Motor Credit Co., 294 Al......
-
Standifer v. Best Buy Stores, L.P.
...converted specific personal property to the defendant's own use and beneficial enjoyment." Huntsville v. Golf Dev., Inc. v. Ratcliff, Inc. , 646 So.2d 1334, 1336 (Ala. 1994). A plaintiff "could also show that the defendant destroyed or exercised dominion over property to which, at the time ......
-
Gardner v. State Farm Mut. Auto. Ins. Co.
...as apparent agents of State Farm, the Gardners have no claim against State Farm for conversion. Compare Huntsville Golf Dev., Inc. v. Ratcliff, Inc., 646 So.2d 1334 (Ala.1994) (architect relinquished property right in architectural plans when he assigned plans to bank for loan); Drennen Lan......