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EX PARTE PIERCE

1030054.

884 So.2d 860 (2003)

Ex parte John Charles PIERCE. (In re Katherine H. Pierce v. John Charles Pierce).

Supreme Court of Alabama.

December 30, 2003.

Attorney(s) appearing for the Case

Charles H. Dodson, Jr., and Joseph D. Steadman of Sims, Graddick & Dodson, P.C., Mobile, for petitioner.

Kenneth A. Nixon and William E. Shreve, Jr., of Lyons, Pipes & Cook, P.C., Mobile; and Mary Dixon Torbert, Montgomery, for respondent.

HARWOOD, Justice.

WRIT DENIED. NO OPINION.

HOUSTON, SEE, BROWN, WOODALL, and STUART, JJ., concur.

LYONS and JOHNSTONE, JJ., dissent.

JOHNSTONE, Justice (dissenting).

I respectfully dissent from the denial of the petition for the writ of certiorari in this case. The Court of Civil Appeals apparently has misapplied Rule 59, Ala. R. Civ. P., by holding that the trial court should have granted the mother's Rule 59 motion and should have...

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