The prior judgment of this court as it pertains to First Alabama Bank ("the Bank") has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte First AlabamaBank, 883 So.2d 1236 (Ala. 2003). On remand to this court, and in compliance with the Supreme Court's opinion, the judgment of the trial court in favor of the Bank is hereby affirmed.

AFFIRMED.

YATES, P.J., and CRAWLEY, THOMPSON, and PITTMAN, JJ., concur. *Page 1247