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Ex Parte Cruthirds

Supreme Court of Alabama
Jun 4, 1999
742 So. 2d 1211 (Ala. 1999)

Opinion

No. 1980060.

Decided June 4, 1999.

Appeal from Mobile Circuit Court, CV-95-3515; Court of Civil Appeals, 2970641.

Vincent F. Kilborn III and M. Lloyd Roebuck, for petitioner.

Edward A. Dean, and Andrew P. Campbell and David M. Loper, for respondents.


The Court of Civil Appeals, on July 24, 1998, affirmed the judgment of the trial court, without opinion. Cruthirds v. SCI Alabama Funeral Services, Inc., (No. 2970641) ___ So.2d ___ (Ala.Civ.App. 1998) (table). We granted certiorari review. The legal issue presented in this case is the same as that presented in Ex parte LaCoste, [Ms. 1970957, November 13, 1998] 733 So.2d 889 (Ala. 1998). The judgment of the Court of Civil Appeals is reversed and the cause is remanded, based on our holding in that case.

REVERSED AND REMANDED.

Hooper, C.J., and Houston, Kennedy, See, Brown, and Johnstone, JJ., concur.

Lyons, J., concurs specially.

Cook, J., concurs in the result.


Although I agree that the judgment in this case should be reversed on the authority of this Court's decision in Ex parte LaCoste, [Ms. 1970957, November 13, 1998] 733 So.2d 889 (Ala. 1998), I continue to adhere to my opinion that § 6-5-440, Ala. Code 1975, should not be applied beyond the limited circumstances discussed in my special writing in LaCoste, 733 So.2d at 895 (Lyons, J., concurring in the judgment and concurring in part in the rationale, but dissenting from dictum).


I agree that the judgment of the Court of Civil Appeals is due to be reversed and the cause remanded. However, I do so on the basis of my special writing in Ex parte LaCoste, [Ms. 1970957, November 13, 1998] 733 So.2d 889 (Ala. 1998), in which I dissented from the application of the abatement statute, Ala. Code 1975, § 6-5-440, in class-action contexts.


Summaries of

Ex Parte Cruthirds

Supreme Court of Alabama
Jun 4, 1999
742 So. 2d 1211 (Ala. 1999)
Case details for

Ex Parte Cruthirds

Case Details

Full title:Ex parte Eunice B. Cruthirds. Re: Eunice B. Cruthirds v. SCI Alabama…

Court:Supreme Court of Alabama

Date published: Jun 4, 1999

Citations

742 So. 2d 1211 (Ala. 1999)