Supreme Court of Alabama

Brian Pipkin v. Sun State Oil, Inc.

September 21, 2018273 So. 3d 828

Summary

The court reversed the summary judgment for Sun State and remanded for further proceedings. It held that the gasoline pumps were not trade fixtures because no landlord-tenant or similar owner-occupier relationship existed, and that the Petroleum Supply Agreement created a security interest rather than a true lease. Because Sun State did not perfect that security interest, Pipkin acquired the pumps free of Sun State's interest. Justice Stuart, the Chief Justice, and Justices Parker, Main, and Bryan concurred.