Herring v. Chris Myers Pontiac-GMC, Inc.
Herring v. Chris Myers Pontiac-GMC, Inc.
Opinion of the Court
Chris Myers Pontiac-GMC, Inc. (hereinafter “Myers Pontiac”), sold an automobile to Angie L. Herring, adding to the purchase price a “fee” of $129. Herring sued Myers Pontiac, alleging that it had misrepresented the purpose of that fee. The trial court entered a summary judgment for Myers Pontiac, and Herring appeals.
The record reflects that a representative of Myers Pontiac told Herring that the $129 was added as a “document fee.” Myers Pontiac’s answers to Herring’s interrogatories reveal that it uses the money collected by this “document fee” to cover some of its expenses, such as salaries, insurance, telephones, computers, and office equipment.
On a motion for a summary judgment, the burden is on the movant to make a prima facie showing that no genuine issue of material fact exists and that it is entitled to a judgment as a matter of law. Fincher v. Robinson Brothers Lincoln-Mercury, Inc., 583 So.2d 256 (Ala. 1991).
REVERSED AND REMANDED.
Reference
- Full Case Name
- Angie L. HERRING v. CHRIS MYERS PONTIAC-GMC, INC.
- Status
- Published