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EX PARTE PRUITT

1961649.

711 So.2d 1016 (1998)

Ex parte Charles PRUITT. (Re STATE DEPARTMENT OF REVENUE v. Charles PRUITT).

Supreme Court of Alabama.

February 6, 1998.

Attorney(s) appearing for the Case

Stuart C. DuBose, Jackson, for petitioner.

Bill Pryor, atty. gen.; Ron Bowden, chief counsel, Department of Revenue, and asst. atty. gen.; and Claude E. Patton, asst. counsel, Department of Revenue, and asst. atty. gen., for respondent.

HOOPER, Chief Justice.

The writ of certiorari is quashed. In quashing the writ, this Court should not be understood as approving the rationale stated in the Court of Civil Appeals' opinion. Specifically, this Court disagrees with the following statement by the Court of Civil Appeals:

"The fatal flaw for Pruitt, however, is the fact that nowhere in the separation agreement is there a provision that ends Pruitt's obligation to make the mortgage payments upon...

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