Danley v. Dorsey Trailers, Inc.
Danley v. Dorsey Trailers, Inc.
Opinion
On December 12, 1997, John C. Danley sued his employer, Dorsey Trailers, Inc., seeking to recover workers' compensation benefits for an injury he claimed to have sustained while working within the line and scope of his employment. On September 2, 1999, Dorsey Trailers moved for a summary judgment. On March 17, 2000, the trial court granted the motion and entered a summary judgment in favor of Dorsey Trailers. On April 12, 2000, Danley moved to alter, amend, or vacate the judgment; the trial court denied his motion on April 13, 2000.
Danley appeals, arguing 1) that the judgment of the trial court does not comply with §
The judgment in this case reads:
"This cause comes before the Court upon the pleadings, depositions of Plaintiff and Dr. Elias Chalhub, M.D., the medical records of Dr. Lance K. Dyess, M.D., and the Motion for Summary Judgment of Defendant Dorsey Trailers, Inc., a Corporation, with the Plaintiff's response thereto, and the Affidavit of Plaintiff and medical records of the Plaintiff. Upon consideration thereof, the Court is of the opinion that the Defendant is entitled to a judgment as a matter of law in that there are no genuine issues as to any material facts and the Defendant has proved entitlement to summary judgment by substantial evidence.
". . . [J]udgment is hereby entered against Plaintiff and in favor of Defendant Dorsey Trailers, Inc., with costs taxed against the Plaintiff."
Section
"Until the trial court makes the required finding of fact and conclusions of law and enters a judgment based thereon, we cannot review its finding and judgment for error." Lee Apparel Co. v. Hart,
REVERSED AND REMANDED WITH INSTRUCTIONS.
Yates, Crawley and Thompson, JJ., concur.
Robertson, P.J., concurs in the result.
Reference
- Full Case Name
- John C. Danley v. Dorsey Trailers, Inc.
- Cited By
- 6 cases
- Status
- Published