Ex Parte Walter B. Price (in Re: Walter B. Price v. Alabama One Credit Union and William A. Lunsford)

Summary

The Supreme Court of Alabama reversed the Court of Civil Appeals, holding that the trial court’s Rule 12(b)(6) dismissals were not converted to summary‑judgment motions and that the two‑year statute of limitations was tolled under § 6‑2‑3 because the alleged fraud was not discovered until 2012. Two dissenting justices argued that the motions should be treated as summary‑judgment motions and that the appellate court should have affirmed the lower court’s dismissal.