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EX PARTE SMOKERISE HOMEOWNERS ASS'N

1050168.

962 So.2d 793 (2007)

Ex parte SMOKERISE HOMEOWNERS ASSOCIATION et al. In re Smokerise Homeowners Association et al. v. Melvin Wayne Abernathy et al.

Supreme Court of Alabama.

January 12, 2007.

Attorney(s) appearing for the Case

Charles E. Vercelli, Jr., of Vercelli & Associates, P.C., Montgomery, for petitioners.

Stephen M. NeSmith of Riggs & NeSmith, P.A., Montgomery, for respondents Melvin Wayne Abernathy and Neda Joy Abernathy.

James H. McLemore of Capell & Howard, P.C., Montgomery, for respondents Smokerise, LLC, and James M. Scott.

NABERS, Chief Justice.

This petition for a writ of certiorari challenges the judgment entered by the Elmore Circuit Court in favor of Melvin Wayne Abernathy, Neda J. Abernathy, Smokerise, LLC, and James M. Scott, individually and as a general partner of Smokerise, LLC, the defendants in the proceeding below (hereinafter referred to collectively as "the respondents"). The Smokerise Homeowners Association, Anthony and Linda McLeod, Cecil and Adrienne Brendle, and Brenda...

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