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MALLARD v. COUNTRYWIDE HOME LOANS, INC.

1970706 and 1970790.

730 So.2d 118 (1998)

Eddie D. MALLARD and Margaret Mallard v. COUNTRYWIDE HOME LOANS, INC., f/k/a Countrywide Funding Corporation. Countrywide Home Loans, Inc., f/k/a Countrywide Funding Corporation v. Eddie Mallard and Margaret Mallard.

Supreme Court of Alabama.

Rehearing Denied March 12, 1999.

Attorney(s) appearing for the Case

Roger S. Morrow and Wesley Romine of Morrow, Romine & Pearson, P.C., Montgomery; Kenny Mendelsohn of Jemison & Mendelsohn, Montgomery; and W. Troy Massey of W. Troy Massey & Associates, Montgomery, for appellants/cross appellees Eddie D. Mallard and Margaret Mallard.

Vernon L. Wells II, Julia Boaz-Cooper, and J. David Moore of Walston, Wells, Anderson & Bains, L.L.P., Birmingham; John Goodman of Bradley, Arant, Rose & White, Birmingham; and Jock Smith, Tuskegee, for appellee/cross appellant Countrywide Home Loans, Inc.

SHORES, Justice.

1970706—AFFIRMED.

1970790—AFFIRMED.

See Rule 59(a)(1), Ala. R. Civ. P.; Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.

HOOPER, C.J., and MADDOX, HOUSTON, KENNEDY, and SEE, JJ., concur.

LYONS, J., concurs specially.

LYONS, Justice (concurring specially).

I agree that a new trial is required; however, I think it is necessary to point out the issues that must be retried. The trial court...

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