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EX PARTE ESSARY

1060458.

992 So.2d 5 (2007)

Ex parte Thomas Wade ESSARY. (In re Latrice Burrell, Irene Banks, and Loretta Pratcher v. Thomas Wade Essary).

Supreme Court of Alabama.

Rehearing Denied April 25, 2008.

Attorney(s) appearing for the Case

William J. Donald III of Donald, Randall & Donald, Tuscaloosa, for petitioner.

Philip D. Segrest, Jr., Tallassee, for respondent Latrice Burrell.

SMITH, Justice.

Thomas Wade Essary, the defendant below, appeals that part of the judgment of the Court of Civil Appeals reversing the trial court's summary judgment in his favor. Burrell v. Essary, 992 So.2d 1 (Ala. Civ.App.2006). We reverse that portion of the Court of Civil Appeals' judgment and render a judgment in favor of Essary.

Facts and Procedural History

On the evening of May 22, 2002, Essary...

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