Legal Opinion · Concurrence

Prattville Memorial Chapel v. Parker

Supreme Court of Alabama

Decided December 5, 2008No. 1061756Published

1ConcurrenceMurdock, Justice

I concur in the main opinion except as to Parts I and U.D., as to which I concur in the result. I -write separately to address briefly the continuity-of-the-enterprise issue discussed in Part I.

The main opinion declines to revisit Brown v. Economy Baler Co., 599 So.2d 1 (Ala.1992), and Asher v. KCS International, Inc., 659 So.2d 598 (Ala.1995) (per Hornsby, C.J., with only three Justices concurring and one Justice concurring in the result), insofar as they stand for the proposition that all four of the elements of the continuity-of-the-enterprise test must be met in order to hold that a…

2Cases cited4 opinions

  1. Dykes v. Lane Trucking, Inc.Supreme Court of Alabama · 1994
  2. Brown v. Economy Baler Co.Supreme Court of Alabama · 1992
  3. Asher v. KCS Intern., Inc.Supreme Court of Alabama · 1995
  4. Parrett Trucking, Inc. v. Telecom Solutions, Inc.Supreme Court of Alabama · 2008

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