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Kessler v. Simmons

Supreme Court of Alabama
Jan 8, 1988
519 So. 2d 502 (Ala. 1988)

Opinion

86-1332.

January 8, 1988.

Appeal from Circuit Court, Jefferson County; N. Daniel Rogers, Jr., Judge.

Tom R. Roper of Bell, Maples Associates, Pelham, for appellant.

H. Thomas Wells, Jr., and James M. Proctor II of Maynard, Cooper, Frierson Gale, Birmingham, for appellee John David Simmons.

Durham W. Ellis, pro se.


Because we find no evidence before the trial court from which the trier of the fact could reasonably conclude either that defendants David Simmons and Durham W. Ellis, as corporate officers and stockholders, contractually stipulated to act as co-sureties of the corporation or that the corporation was operated as a mere sham, we affirm the summary judgment on their behalf, on the authority of Washburn v. Rabun, 487 So.2d 1361 (Ala. 1986), and Little v. People's Bank of Mobile, 209 Ala. 620, 96 So. 763 (1923).

We note that the summary judgment in favor of these two defendants was made final pursuant to Rule 54(b), A.R.Civ.P., and that the plaintiff's claim against Simmons and Ellis, Inc., as well as the corporate defendant's counterclaim against Kessler, is still pending in the trial court.

AFFIRMED.

TORBERT, C.J., and JONES, SHORES, ADAMS and STEAGALL, JJ., concur.


Summaries of

Kessler v. Simmons

Supreme Court of Alabama
Jan 8, 1988
519 So. 2d 502 (Ala. 1988)
Case details for

Kessler v. Simmons

Case Details

Full title:Charles G. KESSLER, Jr. v. John David SIMMONS and Durham W. Ellis

Court:Supreme Court of Alabama

Date published: Jan 8, 1988

Citations

519 So. 2d 502 (Ala. 1988)