Derrik Nelms v. Hillside Village Apartments d/b/a Hale Properties, et al.

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REL: 8/14/09 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) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF C I V I L APPEALS SPECIAL TERM, 2009 2080371 Derrik Nelms V. Hillside Village Apartments d/b/a Hale Properties, et al Appeal from Madison Circuit Court (CV-07-1152) THOMAS, Judge. AFFIRMED. NO OPINION. See Rule 53(a) (1) and (a) (2) (E) and (F), Ala. R. App. P.; Parker Bldq. Servs. Co. v. Liqhtsey, 925 So. 2d 927 (Ala. 2005); Stovall v. Universal Constr. Co., 893 So. 2d 1090, 1097 2080371 n.l (Ala. 2004); Ex parte Kraatz, 775 So. 2d 801 (Ala. 2000); General Motors Corp. v. Hill, 752 So. 2d 1186 (Ala. 1999); Ex parte Mountain Top Indoor Flea Market, Inc., 699 So. 2d 158 (Ala. 1997); and West v. Founders Florida, 547 So. 2d 870, 871 Life Assurance Co. of (Ala. 1989). This appeal was transferred to this court by the Alabama Supreme Court, pursuant to § 12-2-7(6), Ala. Code 1975. Thompson, P.J., and Pittman and Moore, JJ., concur. Bryan, J., concurs specially. 2080371 BRYAN, Judge, concurring specially. The appellant, Derrik Nelms, makes no attempt to distinguish the facts in General Motors Corp. v. Hill, 752 So. 2d 1186 (Ala. therefore, 1999), fails to from the demonstrate facts why in the this case supreme and, court's holding in that case is inapplicable. Because Hill appears to control the resolution of the crucial issue in this case, I concur.

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