Justia Military Law Opinion Summaries

In 2009, the Secretary of Veterans Affairs sued Frank S. Smith, Jr. in the Jefferson Circuit Court, stating a claim of ejectment and sought possession of Mr. Smith's house in Bessemer. The mortgage to Mr. Smith's home was assigned to the Secretary, and the Secretary had sold the house at a foreclosure sale in 2007. The auctioneer who sold the house executed an auctioneer's deed conveying the house to the Secretary. The Secretary demanded that Mr. Smith vacate the house, but Mr. Smith failed to leave. The trial court granted summary judgment, asserting as a matter of law he was entitled to possession of the house. Mr. Smith opposed the summary-judgment motion by filing a pleading titled 'Defendant's Response to Plaintiff's Motion for Summary Judgment.' In his response, Mr. Smith argued, among other things, that the Secretary had failed to establish that he was entitled to possession of the house because, Frank said, the affidavit filed with the Secretary's motion did not comply with Rule 56(e), Ala. R. Civ. P. Mr. Smith appealed to the Court of Civil Appeals which reversed the summary judgment and remanded the action for further proceedings. Upon review, the Supreme Court found that Mr. Smith should have moved to strike the offending affidavit in the Secretary's summary judgment motion in his response: "an objection to the inadmissible evidence alone is not sufficient." The Court vacated the appellate court's decision and affirmed the trial court's decision. View "Smith, Jr. v. Secretary of Veterans Affairs" on Justia Law