Public-domain · open source
OpenJurist

443 So. 2d 941

Black v. Johnson

Supreme Court of Alabama

Decided December 22, 1983

Supreme Court of Alabama · decided 1983-12-22

Decided 1983-12-22

PER CURIAM.

¶1Plaintiffs below appeal, challenging the trial court’s order of dismissal of the cause without a hearing. Plaintiffs’ claim is in two counts: Count One seeks damages for “continuous trespass on [a] tract of land belonging to Plaintiffs”; and Count Two seeks to recover possession of the subject property, as well as damages for its alleged unlawful detention.

¶2Defendant’s motion to dismiss contains two grounds: “1. My name is Lessie Fleming and not Lessie Johnson. 2. I do not own any property near or adjacent to the property described in said complaint.”

¶3No citation of authority or lengthy discussion is necessary to support our holding that neither of these two stated grounds constitutes a legal basis for dismissal of Plaintiffs’ action.

¶4REVERSED AND REMANDED.

TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.
/443/so2d/941 · .json · Public domain