Opinion
No. 1012180.
Decided January 24, 2003.
Appeal from Etowah Circuit Court, (CV-99-1457); Court of Civil Appeals, (2010097 and 2010149).
Howard B. Warren and Jason E. Knowles of Turnbach Warren, P.C., Gadsden, for petitioner.
Jack W. Torbert of Torbert Torbert, P.A., Gadsden, for respondents.
WRIT DENIED. NO OPINION.
Moore, C.J., and Lyons and Woodall, JJ., concur.
Houston, J., concurs specially.
I concur. This Court does not have jurisdiction to decide whether David Rowland was receiving disability benefits from Goodyear Tire Rubber Company, which Goodyear could then offset against Rowland's workers' compensation benefits. See Etheredge v. Genie Indus., Inc., 632 So.2d 1324, 1325 (Ala. 1994); Horton v. Horton, 822 So.2d 431, 434 (Ala.Civ.App. 2001); Rule 39(a)(1) and (d)(5)(c), Ala.R.App.P.