Butterworth v. Morgan

I concur in the decision of the Court to deny the petition for the writ of certiorari. I write separately to explain my reason for concurring in the Court’s citation of Rules 39(a)(1)(D) and 39(d)(3), Ala. R.App. P., as grounds for that denial and, as a corollary, to explain my reason for concurring in the Court’s caveat that it does not wish to be understood as agreeing with all the reasoning and statements of law in the Court of Civil Appeals’ opinion. See Horsley v. Horsley, 291 Ala. 782, 782, 280 So.2d 155, 156 (1973).

With respect to the reliance on Rules 39(a)(1)(D) and 39(d)(3) for…