Pursuant to Rule 5, Ala. R.App. P., this Court granted AAA Cooper Transportation, Inc., permission -to appeal from an interlocutory order denying its motion for a summary judgment in an action brought by Jimmy Sims, alleging retaliatory discharge in violation of Ala.Code 1975, § 25-5-11.1.

AFFIRMED: NO OPINION. See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.

(dissenting).

Because I believe that the defendant AAA Cooper Transportation (“Cooper”) demonstrated that it terminated the plaintiff Jimmy Sims’s employment for a legitimate reason, and because I believe that Sims has presented no substantial evidence indicating that Cooper’s reason was a pretext for an impermissible termination, I do not believe that a jury question exists. Therefore, I must respectfully dissent. See Alexander v. Jitney Jungle Stores of America, Inc., 673 So.2d 402, 404 (Ala. 1995) (Maddox, J., dissenting).

HOOPER, C.J., and HOUSTON, J., concur.