The judgment of the Court of Civil Appeals, Calhoun countyComm'n v. Hooks, 728 SO.2d 625 (Ala.Civ.App. 1997), is reversed and the cause is remanded for reconsideration in light ofEx parte Horn, 718 So.2d 694 (Ala. 1998).

REVERSED AND REMANDED. *Page 632

HOOPER, C.J. and ALMON, SHORES, HOUSTON, and COOK, JJ., concur.

MADDOX and SEE, JJ., dissent.