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D & N TRUCKING, L.L.C. v. BREWER

2000431.

833 So.2d 627 (2001)

D & N TRUCKING, L.L.C. v. Janet BREWER and John Brewer.

Court of Civil Appeals of Alabama.

Rehearing Denied February 8, 2002.

Certiorari Denied April 19, 2002.

Attorney(s) appearing for the Case

Charles Ali Everage and James W. Garrett, Jr., of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellant.

Jeffrey G. Tickal and James T. Gullage of Gullage & Tickal, L.L.P., Opelika, for appellees.

Alabama Supreme Court 1010994.

CRAWLEY, Judge.

The sole question presented in this case is whether the trial court erred in granting Janet Brewer and John Brewer, husband and wife, a new trial based on the failure of D & N Trucking, L.L.C., to comply with the trial court's discovery order and on the Brewers' claim to have newly discovered evidence. We conclude that the trial court erred in granting the Brewers...

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