The trial court must avoid weighing issues of fact and must decide only whether there are genuine issues of material fact for a jury. Grimes v. Massey Ferguson, Inc., 355 So.2d 338 (Ala. 1978); James v. State Farm Fire Casualty Co., 405 So.2d 712 (Ala.Civ.App. 1981). Because the Havenses allege fraud on the part of Griffin Volvo-Subaru, they must necessarily produce evidence that the defendant made a false representation of material fact. P S Business, Inc. v. South Central Bell Telephone Co., 466 So.2d 928 (Ala. 1985).
October 30, 1981. Certiorari to the Court of Civil Appeals, 405 So.2d 712. ADAMS, Justice.