EX PARTE JOHNSON

1061760 and 1061762.

993 So.2d 875 (2008)

Ex parte Sabrina JOHNSON et al. (In re Champion Home Builders Company; Champion Homes of Boaz, Inc.; and Homes of Merit, Inc. v. Sabrina Johnson et al.) Ex parte Lamar Jenkins et al. (In re CMH Manufacturing, Inc., and Clayton Homes, Inc. v. Lamar Jenkins et al.)

Supreme Court of Alabama.

May 16, 2008.


Attorney(s) appearing for the Case

C. Lance Gould of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, for petitioners.

Drayton Nabers, Jr., Lee E. Bains, Jr., Thomas W. Thagard III, Edward A. Hosp, and J. Ethan McDaniel of Maynard, Cooper & Gale, P.C., Birmingham; Bryant F. Williams, Ozark; and Gregory S. Ritchey and W. Scott Simpson of Ritchey & Simpson, PLLC, Birmingham, for respondents Champion Home Builders Company, Champion Homes of Boaz, Inc., and Homes of Merit, Inc.

David B. Hall, William L. Waudby, and Elizabeth R. Floyd of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Birmingham; and W. Scott Simpson of Ritchey & Simpson, PLLC, Birmingham, for respondents CMH Manufacturing, Inc., and Clayton Homes, Inc.

Joe R. Whatley, Jr., W. Tucker Brown, Adam P. Plant, and Sara C. Hacker of Whatley Drake & Kallas, LLC, Birmingham; Lynn W. Jinks III and Christina D. Crow of Jinks, Daniel & Crow, P.C., Union Springs; and Thomas F. Campbell of Campell Litigation, PC, Birmingham, for amicus curiae Jason Parham and Walter Leonard, in support of the petitioners.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amici curiae Business Counsel of Alabama, Alabama Civil Justice Reform Committee, Automobile Dealers Association of Alabama, and the Alabama Bankers Association, in support of the respondents.


On Applications for Rehearing

LYONS, Justice.

This Court's opinion of January 25, 2008, is withdrawn, and the following is substituted therefor.

Champion Home Builders Company; Champion Homes of Boaz, Inc.; Homes of Merit, Inc.; CMH Manufacturing, Inc.; and Clayton Homes, Inc., all mobile-home manufacturers and sellers (hereinafter sometimes referred to collectively as "the mobile-home companies"), instituted two separate declaratory-judgment...

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