Supreme Court of Alabama
Radiance Capital Receivables Twelve, LLC v. Bondy's Ford, Inc. (Appeal from Henry Circuit Court: CV-17-1).
August 23, 2024
Summary
The Supreme Court of Alabama held that the parties' filings constituted cross-motions for summary judgment and that the garnishment dispute turned on whether Bondy's continued to owe money to Sherrill, not merely on whether he remained its employee. Because the evidence raised genuine issues of material fact concerning the relationship among Bondy's, Sherrill, and KDS Aero Services and whether funds owed to Sherrill had been diverted, summary judgment was improper. The court reversed and remanded for further proceedings.