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SCRUSHY v. TUCKER

1050564.

955 So.2d 988 (2006)

Richard M. SCRUSHY v. Wade TUCKER.

Supreme Court of Alabama.

Rehearing Directed to Opinion Issued April 12, 2006, Denied August 25, 2006.

Opinion on the Merits August 25, 2006.

Rehearing Directed to Opinion Issued August 25, 2006, Denied October 27, 2006.

Attorney(s) appearing for the Case

C. Neal Pope of Pope, McGlamry, Kilpatrick, Morrison & Norwood, LLP, Columbus, Georgia; and David G. Russell and J. Marbury Rainer of Parker, Hudson, Rainer & Dobbs, LLP, Atlanta, Georgia, for appellant.

John W. Haley, Ralph D. Cook, and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham; John Q. Somerville of Galloway & Somerville, Birmingham; and Frank P. DiPrima, Convent Station, New Jersey, for appellee.

LYONS, Justice.

Richard M. Scrushy, the defendant in this case, appealed from a partial summary judgment entered in favor of the plaintiff, Wade Tucker. The trial court made the judgment final pursuant to Rule 54(b), Ala. R. Civ. P. As a preliminary matter, Scrushy filed in this Court an emergency motion to stay execution of the judgment against him. This Court ordered execution of the judgment stayed pending further orders of the Court and, in addition, ordered the...

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