Weinrib v. Wolter

I believe that the trial court correctly decided this case; that in reversing the trial court’s judgment the Court of Civil Appeals misinterpreted Art. IV, § 217(a), Ala. Const. 1901 (Official Recomp.) (formerly Amendment No. 373), and §§ 40-8-1(a) and (b)(6), Ala.Code 1975; that the petition before us states valid grounds for certiorari review; and that we should grant that review. I therefore am compelled to dissent from the decision of the majority of this Court to deny certiorari review in this case.

Before October 1, 2005, Daniel S. Wolter and Dana K. Wolter, husband and wife (“the…