Opinion
No. 1010926.
Decided April 18, 2003.
Appeal from Calhoun Circuit Court (CV-01-29), R. Allen Crow, Judge.
Susan S. Wagner and W. Patton Hahn of Berkowitz, Lefkovits, Isom Kushner, P.C., Birmingham, for the appellant Hughes Beverage Company, Inc.
George A. Monk of Brooks, Harmon Monk, LLC, Anniston; and Carla Cole Gilmore of Kaufman Rothfelder, Montgomery, for appellee Louise Hughes, as personal Representative of the estate of Ravee Norris Hughes, deceased.
Kenneth J. Mendelsohn and Thomas E. James of Jemison, Mendelsohn James, P.C., Montgomery, for Mays Jemison, Mike Jemison, Jack Shallop, Sonny Cone, Don Motes and Kenneth Mendelsohn.
The plaintiff in this declaratory-judgment action, Hughes Beverage Company, Inc., petitioned, pursuant to Rule 5, Ala.R.App.P., for permission to appeal from the denial of its motion for a summary judgment. This Court exercised its discretion and granted Hughes Beverage Company permission to appeal. However, after thoroughly reviewing the record and the arguments presented by the parties, we conclude that the permission to appeal under Rule 5, Ala.R.App.P., was improvidently granted, and we dismiss the appeal. State v. Bassett, 364 So.2d 1175 (Ala. 1978).
APPEAL DISMISSED.
MOORE, C.J., and HOUSTON, SEE, LYONS, JOHNSTONE, HARWOOD, WOODALL, and STUART, JJ., concur.