First Commercial Bank v. Spivey

I concur in the result of the opinion, but I am constrained to point out that it is difficult for me to do so in view of the fact that on the first appeal of this case I strongly felt that the plaintiffs were not entitled to the new trial that ultimately resulted in the judgments the Court is now reviewing.

This is the second time this case has been here. In the first appeal, Spivey v. First Commercial Bank, 681 So.2d 120 (Ala. 1995), a jury had found for the defendant and a judgment had been rendered in favor of the defendant on that jury verdict. This Court, on June 24, 1994, initially…