Supreme Court of Alabama December 30, 2003, 1030054 (Pierce v. Pierce)

lead-opinion

HARWOOD, Justice.

WRIT DENIED. NO OPINION.

HOUSTON, SEE, BROWN, WOODALL, and STUART, JJ„ concur.

LYONS and JOHNSTONE, JJ„ dissent.

dissent

JOHNSTONE, Justice

(dissenting).

I respectfully dissent from the denial of the petition for the writ of certiorari in this case. The Court of Civil Appeals apparently has misapplied Rule 59, Ala. R. Civ. P.