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534 So. 2d 312

Genpak Corp. v. Gibson

Court of Civil Appeals of Alabama

Decided September 28, 1988

Court of Civil Appeals of Alabama · decided 1988-09-28

Relies on 535 So. 2d 160 - Ex Parte St. Regis Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-28

How this case has been cited

Cited by 59 later decisions — most recently March 2015 · most notably 575 So. 2d 571 - Mead Paper Co. v. Brizendine (1990), 667 So. 2d 97 - Ex Parte Alabama Ins. Guar. Ass'n (1995)

59 state decisions

4801988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1

¶2I respectfully dissent from that portion of the majority opinion which holds that the decision of our supreme court inEx parte St. Regis Corp., 535 So.2d 160 (Ala. 1988), is applicable to the case sub judice.

¶3The majority states that, since this case is in the so-called "pipe line," i.e., within our appellate structure, a decision of our supreme court which was announced some seven months after judgment in the case sub judice should be applied here. I disagree.

¶4I am unable, or perhaps unwilling at this point and in this case, to find a trial court in error when it correctly applied well-established case law at the time it rendered its judgment. I would hold that Ex parte St. Regis Corp. did not apply to the case presently before us. I would affirm the trial court judgment as to all matters raised in the appeal in this case.

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