Opinion
89-109.
January 5, 1990.
Petition for writ of certiorari to the Court of Civil Appeals (Civ. 6964). Appeal from the Circuit Court, Jefferson County, No. JU-88-52316.
William Prendergast and Coleman Campbell, Asst. Attys. Gen., for petitioners.
Wendy Brooks Crew of Legal Aid Society of Birmingham, Birmingham, for respondent.
By denying the writ, we point out that writs of certiorari are frequently denied without any consideration of the merits. Ex parte Buse, 549 So.2d 1344 (Ala. 1989). A denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy. See Hamilton Brown Shoe Co. v. Wolf Brothers, 240 U.S. 251, 36 S.Ct. 269, 60 L.Ed. 629 (1916).
WRIT DENIED.
HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.