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562 So. 2d 241

Skyline Estates Development, Inc. v. Foster

Supreme Court of Alabama

Decided April 6, 1990

Supreme Court of Alabama · decided 1990-04-06

Cited by 5 later decisions — most recently December 1991

5 state decisions

Relies on 541 So. 2d 1057 - Mississippi Valley Title Ins. Co. v. Hardy

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-06

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JONES, Justice.

¶1The appellants, Skyline Estates Development, Inc., Thrasher Home Builders, Inc., J. H. Acton Building Corporation, Inc., Wallace K. Thrasher, and J.H. Acton, Sr., appeal from a summary judgment in favor of Thomas L. Foster on their claim against Foster alleging, among other things, breach of an alleged fiduciary duty owed to Skyline.

¶2After a careful review of the record in this case, we find it apparent that the appellants’ claims asserted in this action should have been brought by a counterclaim in a prior action involving these parties. Therefore, the trial court’s judgment is due to be affirmed. See Rule 13(a), A.R.Civ.P.; and Mississippi Valley Title Insurance Co. v. Hardy, 541 So.2d 1057 (Ala.1989).

¶3AFFIRMED.

HORNSBY, C.J., and SHORES, HOUSTON and KENNEDY, JJ., concur.
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