Court of Civil Appeals of Alabama September 1, 1982, Civ. 3341 (Simpson v. Gibson)

In an application for rehearing, the appellant-mother through able counsel directs us to Pendergrass v. Watkins,383 So.2d 851 (Ala.Civ.App. 1980), contending we have, in effect, overruled Pendergrass. We have not overruled Pendergrass as there are important factual distinctions between the instant case and Pendergrass.