ALABAMA DEPARTMENT OF CORRECTIONS Et Al. v. Jerry MacK MERRITT Et Al.

After Remand from the Alabama Supreme Court

The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Alabama Dep’t of Corr., 74 So.3d 25 (Ala.2011). On remand to this court, and in compliance with the supreme court’s opinion, the appeal is dismissed in its entirety, with instructions for the trial court to vacate its Rule 54(b), Ala. R. Civ. P., certification.

APPEAL DISMISSED WITH INSTRUCTIONS.

All the judges concur.