Roberts v. M & R PROPERTIES, INC.

The opinion in this case is based substantially upon the holding of this Court in Langan v. Altmayer,539 So.2d 173 (Ala. 1988), a case I believe was incorrectly decided. See my dissenting opinion in that case, 539 So.2d at 180. Because this opinion is based on a case I believe was incorrectly decided, I cannot agree with the majority's conclusion. That should not be construed necessarily as saying that I agree with the trial judge either, because the trial judge, too, applied the rule of law set out in Langan. I would overruleLangan and decide this case without regard to the holding made in…