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West v. NCNB Texas National Bank, N.A.

Supreme Court of Alabama
Sep 2, 1994
646 So. 2d 1356 (Ala. 1994)

Opinion

1930886.

September 2, 1994.

Petition for writ of Mandamus to the Mobile Circuit Court, Nos. CV-91-443.51 and CV-92-2496, Douglas I. Johnstone, Judge.

Victor T. Hudson and William W. Watts of Reams, Philips, Brooks, Schell, Gaston Hudson, P.C., Mobile, for petitioner.

Douglas I. Johnstone, Judge, Mobile Circuit Court.


WRIT DENIED. NO OPINION.

HORNSBY, C.J., and ALMON, SHORES, HOUSTON, STEAGALL, INGRAM and COOK, JJ., concur.

MADDOX, J., concurs specially, with opinion.


This petition for the writ of mandamus arises out of a case involving a dispute over the rights to methane gas, and the specific question presented is whether the trial judge correctly interpreted this Court's previous order remanding the case. See NCNB Texas Nat'l Bank, N.A. v. West, 631 So.2d 212 (Ala. 1993). On remand, the trial court granted a hearing to resolve certain factual and legal issues raised on remand, and, in response to the petition now before us, it stated, "After reviewing the submittals and studying [the Supreme Court's] opinion in detail, I scheduled and held another off-the-record conference at which I considered not only the issues raised by the parties but also a mechanism whereby the background facts surrounding the legal issues could be placed [off] record so that I could make a decision on the remaining issues."

When this Court issued its October 8, 1993, opinion, 631 So.2d 212, I disagreed with the majority's holding and wrote a lengthy dissenting opinion. Had the majority elected to affirm the original judgment in this case, the problem now presented by this petition for the writ of mandamus would not have been posed.

I concur in denying the writ.


Summaries of

West v. NCNB Texas National Bank, N.A.

Supreme Court of Alabama
Sep 2, 1994
646 So. 2d 1356 (Ala. 1994)
Case details for

West v. NCNB Texas National Bank, N.A.

Case Details

Full title:Ex parte NCNB TEXAS NATIONAL BANK, N.A. (Re Neva Watkins WEST, et al. v…

Court:Supreme Court of Alabama

Date published: Sep 2, 1994

Citations

646 So. 2d 1356 (Ala. 1994)