Supreme Court of Alabama, 1998

Ex Parte: Nell v. Hayles

Ex Parte: Nell v. Hayles
Supreme Court of Alabama · Decided August 14, 1998 · Hooper, Maddox, Almon, Shores, Houston, Kennedy, Cook, Lyons
732 So. 2d 968; 1998 Ala. LEXIS 219; 1998 WL 473300 (Southern Reporter, Second Series)

Ex Parte: Nell v. Hayles

Opinion of the Court

On Rehearing Ex Mero Motu

PER CURIAM.

The order and opinion of June 19, 1998, quashing the writ of certiorari are withdrawn. The Court of Civil Appeals’ order of dismissal is reversed, and on remand that court is directed to address the merits of the case on the authority of Jemison v. Brown, 281 Ala. 281, 202 So.2d 44 (1967).

OPINION OF JUNE 19, 1998, WITHDRAWN; OPINION SUBSTITUTED; REVERSED AND REMANDED. *

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

Note from the reporter of decisions: On December 4, 1998, on remand, the Court of Civil Appeals affirmed, without opinion.

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