Etherton v. City of Homewood

On Return to Remand

This case was remanded on August 15, 1997. See the opinion at 700 So.2d 1374. On remand, the trial court granted the Ethertons' motion pursuant to Ala.R.Civ.P. 77(d) to extend the time in which to file an appeal. In doing so, the trial court did not abuse its discretion. This case is now, therefore, correctly postured for review.

According to the complaint commencing this action, Mr. Etherton was injured on March 18, 1995, in the parking lot of a store operated by the Sherwin-Williams Company in Homewood, when he stepped out of his vehicle into an "open service hole" that…