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MORGUNGENKO v. DEWAYNE'S PAINT & BODY, LLC

2090230.

67 So.3d 928 (2011)

Vitaly MORGUNGENKO and Lana Morgungenko v. DEWAYNE'S PAINT & BODY, LLC.

Court of Civil Appeals of Alabama.

January 28, 2011.

Attorney(s) appearing for the Case

Stephen T. Etheredge , Dothan, for appellants.

R. Bruce Hall and Allison Reid Lumbatis of Hall, Derrick & Associates, P.A., Dothan, for appellee.

On Application for Rehearing

THOMPSON, Presiding Judge.

The opinion of September 10, 2010, is withdrawn, and the following is substituted therefor.

This is the second time these parties have been before this court. The following sets forth the factual and procedural history of the underlying dispute:

"On January 16, 2008, Vitaly Morgungenko and Lana Morgungenko filed in the trial court an objection to the proposed

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