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SMITH v. HURRICANE FREDDY'S, INC.

2951444.

708 So.2d 174 (1997)

Darrell D. SMITH; and Hooks Catfish, Inc., d/b/a Hooks Catfish Restaurant v. HURRICANE FREDDY'S, INC., Chris Ybarra, and Frank Martin.

Court of Civil Appeals of Alabama.

Rehearing Denied July 25, 1997.

Certiorari Denied December 19, 1997.

Attorney(s) appearing for the Case

W. Donald Bolton, Jr., Foley, for appellants.

Walter B. Chandler, Gulf Shores, for appellees.

Alabama Supreme Court 1961869.

BEATTY, Retired Justice.

The plaintiffs, Darrell D. Smith and Hooks Catfish, Inc., d/b/a Hooks Catfish Restaurant ("Hooks Catfish"), appeal from a judgment in this nonjury case for the defendants, Hurricane Freddy's Inc., Chris Ybarra, and Frank Martin. Our supreme court transferred the appeal to this court pursuant to § 12-2-7(6), Ala.Code 1975. We reverse and remand.

In early 1994, Smith and his wife, Linda, consulted...

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