STEAGALL, JUSTICE. Bama Budweiser of Montgomery, Inc., owned by Frank Schilleci, sued Anheuser-Busch, Inc.; Horn Beverage Company, Inc., an
Alabama corporation; Bill Horn, individually and as owner of Horn Beverage; Capital City Beverage Company, Inc. ("CCB"), an
Alabama corporation; and Nelson Daniel, sole owner and former president of CCB, alleging fraud and various torts and violations
of certain statutes governing the business relations between wholesalers and suppliers of beer. After the defendants answered
the complaint and extensive discovery was completed, Schilleci amended his complaint to further allege breach of contract,
conversion, and the "tort of outrageous conduct." All of the defendants moved for a summary judgment on the various counts
against them, and the motions were granted. The court's judgments did not dispose of all aspects of the case, but the court
certified them as final under Rule 54(b), A.R.Civ.P. Bama Budweiser appealed.