EX PARTE FARMERS EXCHANGE BANK

1990967.

783 So.2d 24 (2000)

Ex parte FARMERS EXCHANGE BANK. (In re Sara Cole v. Farmers Exchange Bank).

Supreme Court of Alabama.

Rehearing Denied September 1, 2000.


Attorney(s) appearing for the Case

Amy V. Bowman and William H. Webster of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for petitioner.

Charles Amos of Parkman & Associates, Dothan, for respondent.

Michael L. Edwards, H. Hampton Boles, and Robert C. Khayat, Jr., of Balch & Bingham, L.L.P., Birmingham, for amicus curiae Alabama Bankers Association, in support of the petitioner.


HOUSTON, Justice.

Sara Cole sued Jeffrey Allen Miller (who had sold her a used house) and Farmers Exchange Bank (which had provided financing for her to purchase the house). She sued in the Barbour Circuit Court, alleging fraudulent suppression or concealment related to the sale.

In Count Three, which contains the only allegation against the Bank, Cole alleges that the house had been inspected for termites; that the Bank knew or should have known that the...

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