After Remand from the Supreme Court

The prior judgment of this court has been affirmed in part and reversed in part, and the cause remanded, by the Supreme Court of Alabama. Ex parte State Department of Revenue, 792 So.2d 380 (AIa. 1999). On remand to this court, and in compliance with the Supreme Court’s opinion, we reverse the summary judgment in favor of Clay J. Calhoun, and remand the cause for further proceedings consistent with the Supreme Court’s opinion.

REVERSED AND REMANDED.

On Application for Rehearing

This court’s original opinion of April 24, 1998, did not address whether the trial court’s summary judgment was due to be affirmed on the alternative ground of lach-es, and Calhoun has sought rehearing of this court’s February 25, 2000, opinion on remand, again asserting laches. That ground does not support the summary judgment in favor of Calhoun. “[B]y the decided weight of authority, the defense of laches is not available against the State in a suit by it to enforce [a] public right and interest.” Sisk v. State ex rel. Smith, 249 Ala. 279, 280, 31 So.2d 84, 85 (1947).

APPLICATION OVERRULED; RULE 39(k) MOTION DENIED.

YATES, MONROE, CRAWLEY, and THOMPSON, JJ., concur.