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Ex parte White6/23/2000
and England, JJ., concur.
Houston, J., concurs specially.
Brown, J., concurs in the result. HOUSTON, Justice (concurring specially).
I believe Luna v. Dominion Bank of Middle Tennessee, Inc., 631 So. 2d 917 (Ala. 1993), was correctly decided. The main opinion's statement that: "it [is not] necessary for us to overrule Luna" does not, in my opinion, mean that the Court would overrule Luna if this present case could not be distinguished from it. In that hypothetical situation, I would follow Luna and let the chips fall where they may in deciding this present case.
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