WINN-DIXIE, INC., OF MONTGOMERY v. ATES

AV92000238.

628 So.2d 791 (1993)

WINN-DIXIE, INC., OF MONTGOMERY, Alabama v. Buster ATES, Jr.

Court of Civil Appeals of Alabama.

August 6, 1993.


Attorney(s) appearing for the Case

Cooper C. Thurber and Dan S. Cushing of Lyons, Pipes & Cook, P.C., Mobile, for appellant.

Charles R. Godwin, Atmore, for appellee.


ROBERTSON, Presiding Judge.

Buster Ates, Jr., filed a complaint in the Escambia County Circuit Court against his employer, Winn-Dixie, Inc., of Montgomery, Alabama (Winn-Dixie), requesting workmen's compensation benefits.

Following an ore tenus proceeding, the trial court entered a judgment, which contained the following findings of fact and conclusions of law:

"FINDINGS OF FACT

"1 ... Buster Ates, Jr., ... was ... over the age of...

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