Opinion
No. 2951221.
January 29, 1999.
Appeal from Mobile Circuit Court (CV-94-2167); Robert G. Kendall, Judge.
Bob Sherling of Sherling, Browning York, P.C., for appellant.
Richard W. Franklin of Armrecht, Jackson, DeMouy, Crowe, Holmes, Reeves, L.L.C., for appellee.
On Remand from the Supreme Court
The prior judgment of this court has been reversed by the Supreme Court of Alabama and the case remanded. See Ex parte BEK Construction Co., 728 So.2d 621 (Ala. 1998). The case is remanded to the trial court for futher proceedings consistent with the Supreme Court's opinion. The trial court is instructed to conduct the hearing required by the Supreme Court within 28 days of the date of this opinion.
REVERSED AND REMANDED FOR FUTHER PROCEEDINGS.
ROBERTSON, P.J., and MONROE, CRAWLEY, and THOMPSON, JJ., concur.