Penick v. Most Worshipful Prince Hall Grand Lodge F & a M of Alabama, Inc.

On Application for Rehearing

COBB, Chief Justice.

This Court’s opinion of November 13, 2009, is withdrawn, and the following is substituted therefor.

Henry Penick, the defendant in an action in the Jefferson Circuit Court seeking specific performance of an agreement to execute a deed in lieu of foreclosure and ejectment, appeals from a summary judgment in favor of the plaintiff, Most Worshipful Prince Hall Grand Lodge F & A M of Alabama, Inc. (“the Lodge”). We affirm in part, reverse in part, and remand.

I. Factual Background and Procedural History

Penick is a member of the Alabama State Bar and…