EX PARTE CASTEEL, 860 So.2d 351 (Ala. 2003)


EX PARTE CASTEEL, 860 So.2d 351 (Ala. 2003)

Ex parte Marty Casteel, by and through his next friend, Melisa Johnson.(In re: Marty Casteel, by and through his next friend, Melisa Johnsonv. Wal-Mart Stores, Inc.).

No. 1020681.Supreme Court of Alabama.
Decided April 11, 2003.

Appeal from Cullman Circuit Court, (CV-99-279); Court of Civil Appeals, (2010812).

J. Zach Higgs, Jr., and Robert D. Lee of Higgs Emerson, Huntsville, for petitioner.

Charles F. Carr and Joseph H. Driver of Carr, Allison, Pugh, Howard, Oliver Sison, P.C., Birmingham, for respondent.

LYONS, Justice.

The petition for the writ of certiorari is denied.

In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals’ opinion. Horsley v.Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.Page 352

MOORE, C.J., and SEE, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur.

HOUSTON and JOHNSTONE, JJ., dissent.

HOUSTON, Justice (dissenting).

I would grant certiorari review.

I wrote Ex parte Patterson, 561 So.2d 236 (Ala. 1990), which was an 8-0 decision. Our standard of review for a summary judgment and Ex partePatterson cause me to want Wal-Mart to tell me why the summary judgment in its favor was proper.

JOHNSTONE, J., concurs.