Payne v. Carver

On return to Remand

This case is before us for the second time. In the first appeal, Payne v. Carver, 534 So.2d 566 (Ala. 1988), we held that we were "unable to determine the basis for the findings set out in the trial court's order or for the judgment of lack of delivery of the deed" and we remanded the cause to the trial court for the entry of an order consistent with our opinion.

The Trial Court's Order On Remand

On June 3, 1988, the trial court filed an "ORDER CLARIFYING [ITS] ORDER AND JUDGMENT PURSUANT TO INSTRUCTIONS FROM THE SUPREME COURT OF ALABAMA," in which it wrote:

"This Court finds…