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EX PARTE BARGAINTOWN HOMES

1940539.

678 So.2d 111 (1996)

Ex parte BARGAINTOWN HOMES. (Re BARGAINTOWN HOMES v. CRESTPOINTE FINANCIAL SERVICES, INC.).

Supreme Court of Alabama.

May 31, 1996.

Attorney(s) appearing for the Case

Clarence T. Hellums, Jr., Centreville, for petitioner.

C. Dennis Hughes of Wiginton and Hughes, Birmingham, for respondent.

Prior report: Ala.Civ.App., 678 So.2d 108.

PER CURIAM.

WRIT QUASHED.

HOOPER, C.J., and ALMON, SHORES, KENNEDY, and INGRAM, JJ., concur.

MADDOX and COOK, JJ., dissent.

COOK, Justice (dissenting).

When considering a Rule 60(b), Ala.R.Civ. P., motion, a court must balance finality against the need to remedy injustice. See Howell v. D.H. Holmes, Ltd., 420 So.2d 26

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