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Harwell v. Zimmerman6/10/2005
of Alabama, it is not a breach of the standard of care for Legal Service Providers to create the Articles of Organization for an LLC without creating an operations agreement, particularly when members of the LLC do not retain the Legal Service Provider to create an operations agreement."
Because the attorney did not make a prima facie showing that there was no genuine issue of material fact regarding the libel or slander claims, the trial court improperly entered a summary judgment for the attorney as to those claims and Harwell was not required to provide an expert affidavit. See Bodana v. Howie, supra. Additionally, because Harwell was not required to provide an expert affidavit regarding her libel and slander claims, the trial court did not err in failing to strike the affidavit of Harwell's expert and the attorney's motion to strike the affidavit on appeal is irrelevant to the issues at hand and, therefore, is denied.
MOTION TO STRIKE DENIED; AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Murdock, J., concurs.
Pittman, J., concurs in the result, without writing.
Thompson and Bryan, JJ., dissent, without writing.
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