The prior judgment of this court has been reversed by the Supreme Court of Alabama. On remand to this court, and in compliance with the supreme court’s opinion of October 3, 1997, 709 So.2d 444, the judgment is now reversed and the case is remanded.

The foregoing opinion was prepared by Retired Appellate Judge Richard L. Holmes while serving on active duty status as a judge *447of this court under the provisions of Ala.Code 1975, § 12-18-10(e).

REVERSED AND REMANDED.