Opinion
No. 2010554.
Decided November 8, 2002.
Appeal from Baldwin Circuit Court (DR-92-349).
David P. Shepherd, Fairhope, for appellant.
Stephen P. Johnson of Brackin McGriff, P.C., Foley, for appellee.
AFFIRMED. NO OPINION.
See Rule 53(a)(1) and (a)(2)(A), Ala.R.App.P.; Ex parte Patronas, 693 So.2d 473 (Ala. 1997); Hughes v. Hughes, 685 So.2d 755 (Ala.Civ.App. 1996); Spry v. Ikerd, 646 So.2d 131 (Ala.Civ.App. 1994); Thompson v. Wright, 613 So.2d 1289 (Ala.Civ.App. 1992); and Haygood v. Haygood, 581 So.2d 870 (Ala.Civ.App. 1991).
The appellee's request for an attorney fee on appeal is granted in the amount of $500.
Yates, P.J., and Thompson and Pittman, JJ., concur.
Murdock, J., dissents.
Based upon my review of the evidence in this case, and based upon the manner in which the trial court explained its holding, I am not persuaded that the trial court properly applied what is commonly referred to as the "material promotion" standard recognized in Ex parte McLendon, 455 So.2d 863 (Ala. 1984). I therefore respectfully dissent.