¶1concurring in the result.
¶2Based on the unique factual and procedural history of this case, I concur with the holding reached by the main opinion. However, I concur only in the result because I believe that the main opinion infers too much from this court’s decision in Ex parte Hicks, 451 So.2d 324 (Ala.Civ.App.1984).
¶3MOORE, J., concurs.