¶1On Remand from the Alabama Supreme CourtBASCHAB, Judge.¶2In accordance with the Alabama Supreme Court’s opinion in Ex parte Bertram, 884 So.2d 889 (Ala.2003), we reverse the trial court’s judgment and remand this case to the trial court for proceedings that are consistent with that opinion.¶3REVERSED AND REMANDED.McMILLAN, P.J., and SHAW, J., concur; WISE, J., concurs specially, with opinion, which COBB, J., joins.