Supreme Court of Alabama

G.r.l.c. Trust v. Garrison Decatur Crossings, LLC

June 15, 2018266 So. 3d 690

Summary

The court affirmed summary judgment reforming a recorded lease memorandum to include a legal-description exhibit that was inadvertently omitted when recorded. It held that the omission was a mutual mistake supported by clear and convincing evidence and that the timely recorded memorandum was not rendered a nullity under the recording statutes. The court also upheld the rejection of contradictory affidavit testimony because it did not create substantial evidence of a genuine factual dispute.