Ex parte Birmingham City Board of Education. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: Birmingham City Board of Education v. Carla Hawkins)
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REL: 05/07/2010 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. SUPREME COURT OF ALABAMA OCTOBER TERM, 2009-2010 _________________________ 1090792 _________________________ Ex parte Birmingham City Board of Education PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: Birmingham City Board of Education v. Carla Hawkins) (Montgomery Circuit Court, CV-09-7; Court of Civil Appeals, 2080784) LYONS, Justice. 1090792 The petition for the writ of certiorari is denied. See Rule 39(d)(3), Ala. R. App. P. In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals opinion. Horsley v. Horsley, 291 Ala. 782, 280 So. 2d 155 (1973). WRIT DENIED. Woodall, Stuart, Smith, Bolin, Parker, and Shaw, JJ., concur. Cobb, C.J., and Murdock, J., dissent. 2 1090792 COBB, Chief Justice (dissenting). Although the petitioner in this case filed its petition in the form of a brief rather than by explicitly following the form specified by Rule 39, Ala. R. App. P., I believe the legal arguments and analysis in that brief were in substantial compliance with Rule 39. Under these circumstances, I conclude that the petitioner presented sufficient indicia of merit to support granting this petition. dissent. Murdock, J., concurs. 3 Accordingly, I respectfully
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