Hinesley v. Davidson

FAULKNER, Justice.

This is an appeal from an order granting defendants’ motion for summary judgment, and dismissing the cause of action.

This is the third appeal to this Court in a case that was first litigated in 1956. The first appeal to this Court was in 1976, which we will designate as Hinesley I. That case is reported at 335 So.2d 380 (Ala.1976). The second appeal, designated as Hinesley II, is reported at 395 So.2d 1 (Ala.1981).

In Hinesley I, authored by Justice Blood-worth, and in Hinesley II, authored by Justice Jones, the issues were the same issues as now presented to this Court in…