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R.B.Z. v. Warwick Development Co.

Citations: 681 So. 2d 569; 1996 Ala. LEXIS 218; 1996 WL 420342Docket: 1951092

Court: Supreme Court of Alabama; July 26, 1996; Alabama; State Supreme Court

Narrative Opinion Summary

The petition for the writ of certiorari is denied by the court. The denial does not imply endorsement of the language, rationale, or legal principles articulated in the opinion of the Court of Civil Appeals. The case referenced is Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). The decision to deny the writ is concurred by Chief Justice Hooper and Justices Almon, Houston, Kennedy, Cook, and Butts, while Justice Maddox dissents.

Legal Issues Addressed

Denial of Writ of Certiorari

Application: The court denied the petition for a writ of certiorari, indicating that the higher court will not review the decision of the lower court.

Reasoning: The petition for the writ of certiorari is denied by the court.

Implications of Denial of Certiorari

Application: The denial does not reflect the higher court's agreement with the lower court's opinion or reasoning.

Reasoning: The denial does not imply endorsement of the language, rationale, or legal principles articulated in the opinion of the Court of Civil Appeals.

Judicial Concurrence and Dissent

Application: A majority of the justices concurred with the decision to deny the writ, while one justice dissented.

Reasoning: The decision to deny the writ is concurred by Chief Justice Hooper and Justices Almon, Houston, Kennedy, Cook, and Butts, while Justice Maddox dissents.