Montgomery Beverage Company, Inc., d/b/a Mobile Beer and Wine Company, petitioned this Court, pursuant to Rule 5, Ala. R.App. P., for permission to appeal from the denial of its motion for a partial summary judgment. This Court granted permission to appeal.

In light of this Court’s opinion in Byrd v. Dillard’s, Inc., [Ms. 1021439, April 2, 2004] — So.2d-(Ala. 2004), the trial court’s order denying the motion for a partial summary judgment in this case no longer “involves a controlling question of law as to which there is substantial ground for difference of opinion.” Rule 5(a), Ala. R.App. P. Thus, we dismiss the appeal.

APPEAL DISMISSED.