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EX PARTE BOWEN DEV. & TIMBER CO.

89-982.

564 So.2d 976 (1990)

Ex parte BOWEN DEVELOPMENT AND TIMBER COMPANY and Willie Byrd. Re Billy Ray NESMITH, executor of the estate of J.C. Kimbro, deceased v. BOWEN DEVELOPMENT AND TIMBER COMPANY and Willie Byrd.

Supreme Court of Alabama.

June 8, 1990.

Attorney(s) appearing for the Case

David F. Daniel of Brown, Hudgens, Richardson, P.C., Mobile, for petitioner.

Earl V. Johnson, Andalusia, for respondent.

Prior report: Ala.Civ.App., 564 So.2d 974.

SHORES, Justice.

By denying the petition for writ of certiorari we do not indicate approval of the language used by the Court of Civil Appeals that suggests a new trial must be ordered only if juror misconduct indicates a "distinct possibility" that the juror reached his decision because of that misconduct. We adhere to the rule articulated in Coots v. Isbell,

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