¶1On Application for Rehearing
¶2The application for rehearing is granted. The opinion released January 12, 2001, is withdrawn. Further, permission to appeal is withdrawn, and this case is remanded to the Jefferson Circuit Court for further proceedings consistent with Marsh v. Green, 782 So.2d 223 (Ala.2000), and § 12-21-45, Ala.Code 1975.
¶3APPLICATION GRANTED; OPINION OF JANUARY 12, 2001, WITHDRAWN; PERMISSION TO APPEAL WITHDRAWN; REMANDED.