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PRINCE v. POOLE

1030755.

935 So.2d 431 (2006)

Robert F. PRINCE; The Prince Law Firm, P.C., as successor to Prince, Poole, Cross & Fischer, P.C.; Charles E. Pearson, P.C.; and Charles E. Pearson v. Phil POOLE.

Supreme Court of Alabama.

January 27, 2006.

Attorney(s) appearing for the Case

Michael L. Edwards and Scott B. Grover of Balch & Bingham, LLP, Birmingham; and John A. Owens and Anna N. Hutcheson of Owens & Millsaps, LLP, Tuscaloosa, for appellants Robert F. Prince and The Prince Law Firm, P.C., as successor to Prince, Poole, Cross & Fischer, P.C.

W. Stancil Starnes, Laura Howard Peck, and Robin H. Jones of Starnes & Atchison, LLP, Birmingham; and Richard F. Ogle of Ogle, Liles & Upshaw, LLP, Birmingham, for appellants Charles E. Pearson, P.C., and Charles E. Pearson.

Joseph B. Mays, Jr., Michael D. McKibben, Matthew H. Lembke, and Marc James Ayers of Bradley Arant Rose & White, LLP, Birmingham; and Braxton Kittrell, Jr., of Gardner, Middlebrooks, Gibbons, Kittrell & Olsen, P.C., Mobile, for appellee.

SMITH, Justice.1

Robert F. Prince, The Prince Law Firm, P.C., Charles E. "Ward" Pearson, P.C., and Charles E. Pearson appeal from a summary judgment entered by the Tuscaloosa Circuit Court in favor of Phil Poole on his breach-of-contract claims in this action. We reverse and remand.

Facts and Procedural History

Beginning in 1999, 38 individual plaintiffs filed 22 separate lawsuits involving claims for damage allegedly...

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