Supreme Court of Alabama, 1978

Gardner v. Bethea

Supreme Court of Alabama · Decided November 10, 1978 · Beatty, Bloodworth, Faulkner, Jones, Almon, Shores, Embry, Torbert, Maddox

364 So. 2d 308; 1978 Ala. LEXIS 1819 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Berry v. Crawford (Ind. 2013)
Fireman's Fund Am. Ins. Co. v. Coleman (Ala. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BEATTY, Justice.

Reversed and remanded on the authority of Grantham v. Denke, 359 So.2d 785 (Ala., 1978).

REVERSED AND REMANDED.

BLOODWORTH, FAULKNER, JONES, ALMON, SHORES and EMBRY, JJ., concur. TORBERT, C. J., and MADDOX, J., concur specially.

Concurring Opinion

MADDOX, Justice

(concurring specially).

I concur only because Grantham v. Denke, 359 So.2d 785 (Ala., 1978) does control. I registered my dissenting views in Grantham v. Denke, at length. I failed to persuade a majority of the Court in that case that it had erred; therefore, Grantham v. Denke is the law of this state, at this time. Unless and until Grantham is revisited, an event not likely to occur within the foreseeable future, I see no justifiable reason to continue to register my dissenting views. I reserve the right, however, to overrule Grantham, if, and when, I can persuade a sufficient number of justices on this Court that Grantham is wrong.

TORBERT, C. J., concurs.

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