Hicks v. Hicks

THOMPSON,

Presiding Judge, dissenting.

I respectfully dissent. I believe that the facts of this case are distinguishable from those of De-Gas, Inc. v. Midland Resources, 470 So.2d 1218 (Ala.1985), and that in subsequent cases this court has incorrectly applied the holding of that case.

In De-Gas, supra, the plaintiffs sued De-Gas, Inc., and others (“the defendants”) alleging breach of contract and fraud. However, because the plaintiffs did not pay the docket fee, the trial-court clerk only stamped the action as “filed”; she did not “assign the complaint a case number, list the case in the index…