Ex Parte Andrews

To the extent the majority's opinion is predicated on this Court's adoption of the 1979 amendment to Rule 4(a)(4), F.R.App.P., to be applied prospectively, I concur. It is quite clear to me, however, that the result called for by the language of that amendment cannot be reached by an interpretation or construction of the Alabama Rules of Appellate Procedure ("Rules") as they are presently written. Insofar as Walker v.Alabama Public Service Comm'n, 292 Ala. 548, 297 So.2d 370 (1974); MCI Telecommunication, Inc. v. Alabama Public ServiceComm'n, 485 So.2d 700 (Ala. 1986); and Foster v. Greer…