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Ex parte Gasteria, Inc.

Supreme Court of Alabama

June 6, 2014

Ex parte Gasteria, Inc., d/b/a Lamar's Quick Stop, and Salim K. Gillani; (In re: Lamar's Quickstop, Gasteria, Inc., and Salim K. Gillani
v.
Andalusia Enterprises, Inc.)

Released for Publication January 20, 2015.

(Jefferson Circuit Court, CV-11-904273; Court of Civil Appeals, 2120363). Tom King, Jr., Trial Judge.

For Petitioners: John A. Daugherty and Cheryl A. Daugherty of Daugherty & Daugherty, Vestavia Hills.

STUART, Justice. Bolin, Parker, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur. Moore, C.J., dissents.

OPINION

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS

STUART, Justice.

WRIT DENIED. NO OPINION.

Bolin, Parker, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur.

Moore, C.J., dissents.

DISSENT

MOORE, Chief Justice (dissenting).

I respectfully dissent from this Court's decision to deny the petition for the writ of certiorari because I believe the trial court and the Court of Civil Appeals overlooked a key provision regarding the calculation of late charges in the invoices at issue in this case. I believe we should grant the petition for the writ of certiorari and review the Court of Civil Appeals' decision.

I. Facts and Procedural History

In December 2005, Salim K. Gillani, the owner of Gasteria, Inc., d/b/a Lamar's Quick Stop, a gas station and convenience store in Hueytown (" Quick Stop" ), entered into an oral open-account agreement with Andalusia Enterprises, Inc. (" AEI" ), in which AEI agreed to supply petroleum products to Quick Stop. AEI issued an invoice to Quick Stop after each delivery, but the parties did not execute a written contract. AEI's invoices indicated that net payment was ...


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