EX PARTE OLD REPUBLIC SUR. CO.

No. 1970903.

733 So.2d 881 (1999)

Ex parte OLD REPUBLIC SURETY COMPANY. (Re Old Republic Surety Company v. Auction Way Sales, Inc.).

Supreme Court of Alabama.

April 23, 1999.


Attorney(s) appearing for the Case

Kay L. Cason, Anne D. Lamkin, and Donna Eich Brooks of Gorham & Waldrep, P.C., Birmingham, for petitioner.

Kile T. Turner of Norman, Fitzpatrick, Wood & Kendrick, Birmingham, for respondent.


SEE, Justice.

This Court granted the petition of Old Republic Surety Company ("Old Republic") for a writ of certiorari to review the judgment of the Court of Civil Appeals affirming a summary judgment entered by the Marshall Circuit Court in favor of Auction Way Sales, Inc. ("Auction Way"). The trial court held that the Alabama Automobile Dealer Bond Statute, Ala.Code 1975, § 40-12-398, required Old Republic to indemnify Auction Way for losses sustained by Auction...

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