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COLLINS v. SCENIC HOMES, INC.

1070875, 1070975 and 1070976.

38 So.3d 28 (2009)

Henry COLLINS, as administrator of the estate of April Collins, deceased v. SCENIC HOMES, INC., et al. Kevin Kilgore v. Scenic Homes, Inc., et al. Michael Hopkins et al. v. Scenic Homes, Inc., et al.

Supreme Court of Alabama.

Order Overruling Rehearing November 25, 2009.

Attorney(s) appearing for the Case

J. Barton Warren and Derek W. Simpson of Warren & Simpson, P.C., Huntsville; and Everett Wess, Birmingham, for appellants.

Ivan B. Cooper and William H. Brooks of Lightfoot, Franklin & White, L.L.C., Birmingham; and Stephen V. Hammond of Chenault, Hammond & Hall, P.C., Decatur, for appellee Scenic Homes, Inc.

Daniel S. Wolter of Gaines, Wolter & Kinney, P.C., Birmingham, for appellees Jonathan Russell and Enterprise Apartments, LLC.

Michael L. Jackson and Oscar M. Price III of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, amicus curiae Associate Builders and Contractors of Alabama, Inc., in support of Scenic Homes' application for rehearing.

Matthew C. McDonald and Kenneth S. Steely of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., Mobile, amici curiae Business Council of Alabama and Ductile Iron Pipe Research Association, in support of the appellee's application for rehearing.

STUART, Justice.

In three separate appeals that have been consolidated for the purpose of writing one opinion, Henry Collins, as administrator of the estate of April Collins, deceased, and Kevin Kilgore, Michael Hopkins, Emily Drane, Rashad Echols, Marketta Shelton, and Anthony James appeal from a summary judgment entered in favor of Scenic Homes, Inc., Jonathan Russell, and Enterprise Apartments, LLC. We reverse and remand.

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