Supreme Court of Alabama, 1990

Trawick v. Michaels of Oregon Co.

Trawick v. Michaels of Oregon Co.
Supreme Court of Alabama · Decided October 11, 1990 · Maddox, Jones, Almon, Shores, Adams, Houston, Steagall, Kennedy
570 So. 2d 252; 1990 Ala. LEXIS 1157; 1990 WL 204226 (Southern Reporter, Second Series)

Trawick v. Michaels of Oregon Co.

Opinion of the Court

ORDER

The order of this Court of September 12, 1990, is amended to read as follows:

The federal court having notified this Court that the case of Thomas Wayne Trawick and Judy R. Trawick v. Michaels of Oregon Company has been dismissed pursuant to a settlement agreement between the parties,

IT IS, THEREFORE, ORDERED that this cause is dismissed as moot.

MADDOX, JONES, ALMON, SHORES, ADAMS, HOUSTON and STEAGALL, JJ., concur. KENNEDY, J., dissents.

Dissenting Opinion

KENNEDY, Justice

(dissenting).

The litigants, the numerous amicus curiae involved in this action, and this Court have dedicated a substantial amount of time to evaluating the issues this action presents. Although the action has been settled, the important issue of the constitutionality of the limit imposed on punitive damages by Ala.Code 1975, § 6-11-21, remains. I believe that because of compelling public interest in the resolution of that issue, the judicial system and the people of Alabama would be better served if the action were fully reviewed by this Court.

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