Ex parte CVS Pharmacy, L.L.C.

I respectfully dissent. See my dissent in Ex parte Courtyard Citiflats, LLC, 191 So.3d 787, 798 (Ala.2015), reasoning, inter alia, as follows:

“It appears then that the Court [in De-Gas, Inc. v. Midland Resources, 470 So.2d 1218 (Ala.1985),] was intending to describe simply the requirement that, if a filing fee is not paid with the complaint, the plaintiff must file an affidavit that, ultimately, meets with the approval of the court.

“The main opinion’s understanding of [certain language in De-Gas ] as requiring that the affidavit of substantial hardship be approved at some point before the…