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LACKEY v. CENTRAL BANK OF THE SOUTH

1961174.

710 So.2d 419 (1998)

Catherine LACKEY v. CENTRAL BANK OF THE SOUTH.

Supreme Court of Alabama.

February 13, 1998.

Attorney(s) appearing for the Case

Norman J. Gale, Jr., of Clay, Massey & Gale, P.C., Mobile; and Patrick H. Sims and Benjamen T. Rowe of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Mobile, for appellant.

Michael L. Edwards, Gregory C. Cook, and Teresa G. Minor of Balch & Bingham, L.L.P., Birmingham; and Stephen R. Windom of Sirote & Permutt, Mobile, for appellee.

MADDOX, Justice.

In October 1991, Catherine Lackey and her husband, James Lackey, purchased a one-year certificate of deposit ("CD") from Central Bank of the South.1 The CD carried an interest rate of 5.875%. The "certificate of deposit disclosure statement" that accompanied the CD provided that the CD would be "automatically renewed unless the bank sends written notice to the contrary."

In October 1992, before the Lackeys' CD...

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