Allen v. Hooks

Court of Civil Appeals of Alabama

Allen v. Hooks

564 So. 2d 447, 1990 Ala. Civ. App. LEXIS 188, 1990 WL 52304

CourtCourt of Civil Appeals of Alabama

DecidedApril 25, 1990

DocketCiv. 6435

StatusPublished

This text of 564 So. 2d 447 (Allen v. Hooks) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allen v. Hooks, 564 So. 2d 447, 1990 Ala. Civ. App. LEXIS 188, 1990 WL 52304 (Ala. Ct. App. 1990).

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Opinion

ON REMAND FROM THE SUPREME COURT OF ALABAMA

INGRAM, Presiding Judge.

The prior order of this court, Allen v. Hooks, [Ms. 6435, October 11, 1989] (Ala.Civ.App.1989), is withdrawn, and the following is substituted therefor.

The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. On remand and in compliance with the Supreme Court’s opinion in Ex parte Hooks, 564 So.2d 443 (Ala.1989), we now address the remaining issue raised by the department.

The department argues that the trial court erred in declaring the 1982 amendment to Ala.Code 1975, § 25 — 4—78(3)(b)., unconstitutional. We find no merit in his argument in that the trial court did not declare the provision unconstitutional.

Therefore, in compliance with the supreme court’s opinion, this case is due to be affirmed.

ORIGINAL ORDER WITHDRAWN; ORDER SUBSTITUTED; AFFIRMED.

ROBERTSON and RUSSELL, JJ„ concur.

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