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03/31/95 LARRY ROE v. MOBILE COUNTY APPOINTMENT

March 31, 1995

LARRY ROE, ET AL.
v.
MOBILE COUNTY APPOINTMENT BOARD, ET AL. LARRY ROE, ET AL. V. STATE OF ALABAMA, BY AND THROUGH ITS ATTORNEY GENERAL, JEFF SESSIONS, ET AL.



(CV-94-7138). (CV-94-7155).

Original Opinion of March 14, 1995, .

Almon, Shores, Ingram, and Cook, JJ., concur. Maddox, J., Dissents, with opinion. Maddox, Justice (dissenting)

On Application for Rehearing.

PER CURIAM.

APPLICATION STRICKEN. NO OPINION. See Burnham Shoes, Inc. v. West American Insurance Co., 504 So. 2d 238, 242 (Ala. 1987).

Almon, Shores, Ingram, and Cook, JJ., concur.

Maddox, J., Dissents, with opinion.

MADDOX, Justice (dissenting)

On March 24, 1995, Jeff Sessions, as Attorney General of Alabama, filed an application for rehearing, styled "APPLICATION FOR REHEARING AND BRIEF OF THE STATE OF ALABAMA, SECRETARY OF STATE, PROBATE JUDGES, SHERIFFS, AND CIRCUIT CLERKS," in which the Attorney General asks this Court to grant a rehearing and enter the following orders:

"(1) the certification of the necessity for the appointment of a special court, under section 12-2-14 of the Code of Alabama, from Associate Justice Maddox to Governor James;

"(2) an order withdrawing and vacating the answer to the certified question entered on March 14, 1995;

"(3) an order notifying the United States Court of Appeals for the Eleventh Circuit of the withdrawal of the Answer; and

"(4) the issuance of an answer to the certified question that follows the plain language of section 17-10-7 of the Code of Alabama."

My colleagues who concur to strike the application for rehearing, rely upon this Court's case of Burnham Shoes, Inc. v. West American Insurance Company, 504 So. 2d 238, 242 (Ala. 1987). Although this Court in that case declined, by a five to four vote, ...


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