Opinion
78-224.
April 6, 1979.
Certiorari to the Court of Civil Appeals, 369 So.2d 559.
James M. Gaines, Huntsville, for petitioner.
Audrey L. Roberts, Huntsville, for respondent.
AFFIRMED; MOTION TO STRIKE A FRIVOLOUS APPEAL AND FOR DAMAGES DENIED.
TORBERT, C.J., and FAULKNER, ALMON, EMBRY and BEATTY, JJ., concur.
BLOODWORTH, J., concurs specially.
JONES and SHORES, JJ., dissent.
I concur in the opinion of Justice Maddox to affirm because in this case plaintiff-appellee amended his demand after appeal de novo. If plaintiff had not amended, I would hold defendant-appellant had a right to dismiss.