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BAILEY v. FAULKNER

1040880.

940 So.2d 247 (2006)

M. Floyd BAILEY, Jr. v. James H. FAULKNER III.

Supreme Court of Alabama.

Rehearing Denied April 21, 2006.

Attorney(s) appearing for the Case

Daniel S. Wolter of Gaines, Wolter & Kinney, P.C., Birmingham; and Jeffrey W. Smith of Slaten & O'Connor, P.C., Montgomery, for appellant.

Randy Myers and Frank H. Hawthorne, Jr., of Hawthorne & Myers, LLC, Montgomery, for appellee.

WOODALL, Justice.

M. Floyd Bailey, Jr., appeals from a judgment entered on a jury verdict in favor of James H. Faulkner III in Faulkner's action against Bailey arising out of a consensual, sexual relationship between Bailey and Paris Faulkner, who, at the time of that relationship, was Faulkner's wife. We reverse and remand.

I. Factual Background

In December 1999, the Faulkners were attending the Dalraida Church of Christ in Montgomery ("Dalraida...

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