Cole v. Farmers Exchange Bank

I concurred in the majority opinion released on October 15, 1999. However, in light of the Bank’s application for rehearing, I have reconsidered that vote. I now dissent.

On application for rehearing, the Bank has cited Lee v. United Federal Savings & Loan Ass’n, 466 So.2d 131 (Ala.1985), a case in which our supreme court stated:

“[T]he mere lending of money on a house by a financial institution, albeit one with knowledge of deficiencies in the house, does not create a confidential relationship, or other circumstances imposing a duty to disclose information at the lender’s disposal.”

466 So.2d…