Opinion
No. 1962112.
August 14, 1998.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (Escambia Circuit Court, CV-93-19; Court of Civil Appeals, 2960852); Bradley E. Byrne, Judge.
Robert H. Maxwell, Atmore, for petitioner.
Kenneth Shelton of Shelton Shelton, Decatur, for respondent.
On Rehearing Ex Mero Motu
The order and opinion of June 19, 1998, quashing the writ of certiorari are withdrawn. The Court of Civil Appeals' order of dismissal is reversed, and on remand that court is directed to address the merits of the case on the authority of Jemison v. Brown, 281 Ala. 281, 202 So.2d 44 (1967).
OPINION OF JUNE 19, 1998, WITHDRAWN; OPINION SUBSTITUTED; REVERSED AND REMANDED.
HOOPER, C.J., and MADDOX, ALMON, SHORES, HOUSTON, KENNEDY, COOK, and LYONS, JJ., concur.