Ex parte Bowen Development & Timber Co.

Supreme Court of Alabama
Ex parte Bowen Development & Timber Co., 564 So. 2d 976 (Ala. 1990)
1990 Ala. LEXIS 524; 1990 WL 120272
Shores, Hornsby, Jones, Houston, Kennedy

Ex parte Bowen Development & Timber Co.

Opinion of the Court

SHORES, Justice.

By denying the petition for writ of certio-rari we do not indicate approval of the language used by the Court of Civil Appeals that suggests a new trial must be ordered only if juror misconduct indicates a “distinct possibility” that the juror reached his decision because of that misconduct. We adhere to the rule articulated in Coots v. Isbell, 552 So.2d 139 (Ala. 1989).

WRIT DENIED.

HORNSBY, C.J., and JONES, HOUSTON and KENNEDY, JJ„ concur.

Reference

Full Case Name
Ex Parte Bowen Development and Timber Company and Willie Byrd. (Re Billy Ray Nesmith, of the Estate of J.C. Kimbro v. Bowen Development and Timber Company and Willie Byrd).
Status
Published