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Photo, Print, Drawing T. Photo, Print, Drawing John H. Photo, Print, Drawing St. Photo, Print, Drawing Lakewood, U. Photo, Print, Drawing W. Photo, Print, Drawing Mrs. She stated that the Farrows had barred her from retrieving the personal property and had converted it to their own use. Treadwell also claimed that she had a reasonable expectation of being compensated for the personal property and that the Farrows' retention of it would be unjust and inequitable.
The Farrows filed a motion to dismiss Treadwell's complaint on the ground that the complaint was barred by the applicable statute of limitations. Code , a conversion action must be commenced within six years. They had acquired the property by means of a foreclosure deed on April 9, , and Treadwell had waited more than six years later, until December 16, , to bring this action.
Accordingly, the Farrows argued, Treadwell's complaint was due to be dismissed. In her response to the Farrows' motion, Treadwell submitted her affidavit in which she stated that she did not vacate the property until March She also stated that her attorney had sent a letter to the Farrows' attorney on September 28, , requesting the return of the personal property contained in a list accompanying the letter. The Farrows sent a return letter dated October 9, , denying her access to the property. In her affidavit, she said that an appeal in that action was not concluded until August 26, On March 1, , after a hearing during which the trial court heard the arguments of the parties, the trial court entered a judgment dismissing Treadwell's action.
Treadwell filed a timely motion to alter, amend, or vacate the judgment, which the trial court denied on April 26, Treadwell then filed a timely notice of appeal on May 22, Sims v. Lewis, So. City of Gadsden, So.
Braggs v. Jim Skinner Ford, Inc. However, in opposing the Farrows' motion to dismiss, Treadwell attached documentary evidence in the form of her affidavit, in which she said that she had been in possession of the property as late as March See Travis v. Ziter, So. In Travis v. Rule 12 b , Ala.
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The circuit court held a hearing to consider the defendants' motions to dismiss, and the [plaintiffs] presented affidavits from Steve Travis and the clinical psychologist who had been treating him. Because there was no indication during the course of the hearing, or in the circuit court's order dismissing the plaintiff[s'] claims, that the court had excluded the affidavits, we must assume that the circuit court considered them when it ruled on the motions.https://suimufighpreh.ga
[USC02] 28 USC PART I: ORGANIZATION OF COURTS
Thus, we must analyze the motions to dismiss under the summary judgment standard. Alabama Democratic Party, So. Williams v. State Farm Mut. We apply the same standard of review as the trial court applied. Specifically, we must determine whether the movant has made a prima facie showing that no genuine issue of material fact exists and that the movant is entitled to a judgment as a matter of law.
Rule 56 c , Ala. Hodurski, So. In making such a determination, we must review the evidence in the light most favorable to the nonmovant. Wilson v. Brown, So.
Bass v. Founders Life Assur. On appeal, Treadwell argues that, because she remained on the property until March and still exercised dominion over her personal property until that time, the six-year limitations period for conversion cannot have begun running until that date, at the earliest. She also claims that she was not actually denied access to her personal property until October 9, , when the Farrows' attorney responded to her letter requesting the return of her personal property.
Therefore, she states, the limitations period arguably did not begin to run until the Farrows prevented her from having access to the personal property. Accordingly, they argue, they have not wrongfully denied her access to the personal property. The Farrows' argument would be more persuasive if Treadwell's conversion claim was directed at the property. However, the conversion claim is based on her assertion that the Farrows have refused to allow her to retain specific items of personal property that were not subject to the foreclosure.
We note that we are not called on to decide whether any certain items were fixtures or were structures that were, in fact, included as part of the foreclosure, or as to the other merits of Treadwell's claim. Instead, we review this matter only for the purpose of determining whether a summary judgment was properly entered in favor of the Farrows. In considering whether the limitations period had expired at the time Treadwell filed her complaint, we must first consider the issue of when her cause of action accrued. Thus, if the act complained of does not in and of itself constitute a legal injury on the date on which it was performed, the cause of action does not accrue on that date.
It is only when the first legal injury occurs that the cause of action accrues and the limitations period begins to run.