Vulcan Lands v. Surtees

Full title: VULCAN LANDS, INC. v. G. Thomas SURTEES, as commissioner of the Alabama…

Court: Court of Civil Appeals of Alabama

Date published: Nov 14, 2008

6 So. 3d 1164 (Ala. Civ. App. 2008)

Opinion

No. 2060607.

November 14, 2008.

Appeal from Montgomery Circuit Court (CV-01-1106); Charles Price, Judge.

Matthew H. Lembke, Christopher R. Grissom, and John C. Neiman, Jr., of Bradley Arant Rose White, LLP, Birmingham; and William C. MeGowin of Bradley Arant Rose White, LLP, Montgomery, for appellant.

Susan E. Kennedy and Sabrina L. Comer of Slate Kennedy, LLC, Montgomery, for appellee.

After Remand from the Alabama Supreme Court

BRYAN, Judge.

A portion of the prior judgment of this court has been reversed, and the cause has been remanded by the Supreme Court of Alabama. Ex parte Vulcan Lands, Inc., 6 So.3d 1157 (Ala. 2008). On remand to this court and in compliance with the supreme court's opinion, we reverse the trial court's order denying Vulcan Lands' summary-judgment motion on the reliance-hardship defense and remand the cause to the trial court for further proceedings consistent with the supreme court's opinion.

REVERSED AND REMANDED.

THOMPSON, P.J., and PITTMAN, THOMAS, and MOORE, JJ., concur.