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Hurbert MAIERS and Melissa Maiers v. Bennie GIBBS

Alabama Court of Civil Appeals2011-02-25No. 2080178
68 So. 3d 772

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Opinion

majority opinion

After Remand from the Alabama Supreme Court

PITTMAN, Judge.

On November 20, 2009, this court affirmed a summary judgment entered by the Houston Circuit Court in an action filed pursuant to Ala.Code 1975, § 35-9A-101 et seq., by Bennie Gibbs against Hurbert Maiers and Melissa Maiers. Maiers v. Gibbs (No. 2080178, November 20, 2009), 65 So.3d 1043 (Ala.Civ.App.2009) (table). However, our judgment of affirmance has been reversed. Ex parte Maiers, 68 So.3d 769 (Ala.2010). On remand to this court, and in compliance with Ex parte Maiers, we now reverse the summary judgment and remand the cause for further proceedings. REVERSED AND REMANDED.

THOMPSON, P.J., and BRYAN, THOMAS, and MOORE, JJ., concur.