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BAKER v. HEATHERWOOD HOMEOWNERS ASS'N

1900417, 1900886.

587 So.2d 938 (1991)

Alex and Suzy BAKER v. HEATHERWOOD HOMEOWNERS ASSOCIATION, et al.

Supreme Court of Alabama.

August 30, 1991.

Attorney(s) appearing for the Case

Dennis G. Pantazis and Naomi Hilton Archer of Gordon, Silberman, Wiggins & Childs, Birmingham, for appellants.

Richard D. Mink and Courtney H. Mason, Jr. of Mason & Fitzpatrick, Birmingham, for appellees.

MADDOX, Justice.

These cases present the following questions: (1) Under the provisions of Rule 40, A.R.C.P., as amended, effective August 1, 1990, must a case in which injunctive relief is requested be set on the trial docket "at least 60 days before the date set for trial"? (2) Did the trial court err in failing to rule on the defendant's counterclaim? (3) Did the trial court err in failing to allow the defendants to present evidence on the issue of selective enforcement...

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