Opinion
77-465, 77-466.
November 10, 1978.
Appeal from Circuit Court, Jefferson County; Thomas E. Huey, Jr., Judge.
E. Ray Large, Birmingham, for appellants.
Reversed and remanded on the authority of Grantham v. Denke, 359 So.2d 785 (Ala., 1978).
REVERSED AND REMANDED.
BLOODWORTH, FAULKNER, JONES, ALMON, SHORES and EMBRY, JJ., concur.
TORBERT, C.J., and MADDOX, J., concur specially.
I concur only because Grantham v. Denke, 359 So.2d 785 (Ala., 1978) does control. I registered my dissenting views in Grantham v. Denke, at length. I failed to persuade a majority of the Court in that case that it had erred; therefore, Grantham v. Denke is the law of this state, at this time. Unless and until Grantham is revisited, an event not likely to occur within the foreseeable future, I see no justifiable reason to continue to register my dissenting views. I reserve the right, however, to overrule Grantham, if, and when, I can persuade a sufficient number of justices on this Court that Grantham is wrong.
TORBERT, C.J., concurs.