EX PARTE DESMOND

1961116, 1961135.

706 So.2d 1208 (1997)

Ex parte Lupee DESMOND, d/b/a North Bibb Realty. (Re Tom KELLEY, Meza Kelley, Tracy Smelcer, and Donna Smelcer v. FIRST REAL ESTATE CORPORATION OF ALABAMA, et al.). Ex parte FIRST REAL ESTATE CORPORATION OF ALABAMA and Linda Nelson. (Re Tom KELLEY, Meza Kelley, Tracy Smelcer, and Donna Smelcer v. FIRST REAL ESTATE CORPORATION OF ALABAMA, et al.).

Supreme Court of Alabama.

December 5, 1997.


Attorney(s) appearing for the Case

J. Allen Sydnor, Jr., and Jennifer Devereaux Segers of Huie, Fernambucq & Stewart, L.L.P., Birmingham, for petitioners First Real Estate Corp. of Alabama and Linda Nelson.

John A. Owens and M. Bradley Almond of Owens, Carver & Almond, Tuscaloosa, for petitioner Lupee Desmond, d/b/a North Bibb Realty.

James S. Ward and Annette Talley Phebus of Corley, Moncus & Ward, P.C., Birmingham, for respondents Tom Kelly, Meza Kelly, Tracy Smelcer, and Donna Smelcer.


Prior report: Ala.Civ.App., 706 So.2d 1201.

SHORES, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

ALMON, KENNEDY, COOK, and BUTTS, JJ., concur.

HOOPER, C.J., and MADDOX, HOUSTON, and SEE, JJ., dissent.

MADDOX, Justice (dissenting).

This Court granted certiorari review to consider whether the Court of Civil Appeals erred in reversing the summary judgment entered by the trial court in favor...

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