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WILSON v. H.M.A., L.L.C.

2991400 and 2000074.

814 So.2d 295 (2001)

Annie Ruth WILSON v. H.M.A., L.L.C. Eloise Hamler v. H.M.A., L.L.C.

Court of Civil Appeals of Alabama.

Rehearing Denied June 6, 2001.

Certiorari Denied August 31, 2001.

Attorney(s) appearing for the Case

John A. Bivens, Tuscaloosa, for appellant Annie Wilson.

J. Paul Whitehurst, Northport, for appellant Eloise Hamler.

John M. Graham and Diane B. Maughan of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham; and Claude M. Burns of Burns & Wilson, Tuscaloosa, for appellee.

Alabama Supreme Court 1001668.

CRAWLEY, Judge.

In November 1998, Eloise Hamler sued Annie Ruth Wilson and several other individuals, seeking a sale of real estate that they jointly owned and a division of the proceeds. The trial court ordered that the real property be sold to the highest bidder in a sealed-bid auction. Peyton Cochrane submitted the highest bid—$86,100; that bid was contingent, however, upon Cochrane's

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