Henry Collins, as administrator of the estate of April Collins, deceased v. Scenic Homes, Inc. et al. (Appeal from Madison Circuit Court: CV-04-2677). Application Overruled. No Opinion.
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REL: 11/25/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2009-2010 ____________________ 1070875 ____________________ Henry Collins, as administrator of the estate of April Collins, deceased v. Scenic Homes, Inc., et al. ____________________ 1070975 ____________________ Kevin Kilgore v. Scenic Homes, Inc., et al. ____________________ 1070976 ____________________ Michael Hopkins et al. v. Scenic Homes, Inc., et al. Appeals from Madison Circuit Court (CV-04-2677; CV-04-2678; and CV-05-718) On Applications for Rehearing STUART, Justice. APPLICATIONS OVERRULED; NO OPINION. Cobb, C.J., and Lyons, Woodall, Smith, Bolin, and Parker, JJ., concur. Murdock and Shaw, JJ., dissent. 2 1070875, 1070975, 1070976 SHAW, Justice (dissenting). On original submission, I concurred in Justice Murdock's special writing concurring in part and dissenting in part. Collins v. Scenic Homes, So. 3d , Inc., [Ms. 1070875, June 30, 2009] (Ala. 2009) (Murdock, J., concurring in part and dissenting in part). By doing so, I specifically disagreed with the analysis in the main opinion as to issue II in the "Issues and Analysis" portion of that opinion, which addressed the application of the 20-year common-law rule of repose. It remains difficult for me to reconcile the conflicted and confusing language in many of our cases dealing with the rule of repose. However, I am clear to the conclusion that there is a fundamental difference recognized in American jurisprudence between a statute of limitations and a statute or rule of repose. Therefore, I once again assert my agreement with the concerns expressed in Justice Murdock's special writing. Accordingly, I respectfully dissent from the overruling of the applications for rehearing. 3
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