Ex Parte Varner

ON APPLICATION FOR REHEARING

Our opinion of February 9, 1990, is withdrawn and the following opinion substituted therefor.

We issued the writ of certiorari to the Court of Civil Appeals to review the issue whether the 10-day period for appeal provided in Ala. Code 1975, § 25-4-95, or the 30-day period for appeal provided in § 41-22-20 governs this case. The Court of Civil Appeals, following its reasoning in Mays v.Sabel Steel Services, Inc., 500 So.2d 467 (Ala.Civ.App. 1986), applied the 10-day statute, and thus held that the appeal, which was filed on the 30th day, was untimely. (Judge…