E.B. Investments, L.L.C. v. Pavilion Development, L.L.C.

(dissenting in case no. 1141416).

I respectfully dissent because I disagree with certain conclusions reached in the main opinion as hereinafter discussed. As a prelude in some respects for that discussion, I first note related, but independent, concerns as to the articulation, or at least the application of, certain rules in Pavilion Development, L.L.C. v. JBJ Partnership, 77 So.3d 133 (Ala.2011) (“Pavilion II”), and Pavilion Development, L.L.C. v. JBJ Partnership, 142 So.3d 535 (Ala.2013) (“Pavilion III”).12

In particular, I question this Court’s application in Pavilion II and Pavilion III of…