Rheuark v. Patterson

Supreme Court of Alabama

Rheuark v. Patterson

619 So. 2d 1376, 1993 Ala. LEXIS 396, 1993 WL 126503

Supreme Court of Alabama·Decided April 23, 1993·No. 1911425·Published

Opinion

ON APPLICATION FOR REHEARING

HORNSBY, Chief Justice.

The opinion of January 22, 1993, is withdrawn and the following is substituted therefor: The trial court’s dismissal of Rheuark’s negligence claims is affirmed on the basis of Wright v. Bailey, 611 So.2d 300 (Ala.1992). The dismissal of Rheuark’s malicious prosecution claim, assault and battery claim, and other claims is affirmed on the basis of Ala.Code 1975, § 6-5-440.

[1377] ORIGINAL OPINION WITHDRAWN; OPINION SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED.

MADDOX, SHORES, HOUSTON and KENNEDY, JJ., concur.

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ON APPLICATION FOR REHEARING

HORNSBY, Chief Justice.

The opinion of January 22, 1993, is withdrawn and the following is substituted therefor: The trial court’s dismissal of Rheuark’s negligence claims is affirmed on the basis of Wright v. Bailey, 611 So.2d 300 (Ala.1992). The dismissal of Rheuark’s malicious prosecution claim, assault and battery claim, and other claims is affirmed on the basis of Ala.Code 1975, § 6-5-440.

[1377] ORIGINAL OPINION WITHDRAWN; OPINION SUBSTITUTED; APPLICATION OVERRULED; AFFIRMED.

MADDOX, SHORES, HOUSTON and KENNEDY, JJ., concur.

Rheuark v. Patterson, 619 So. 2d 1376, 1993 Ala. LEXIS 396, 1993 WL 126503 (Ala. 1993).

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