Linda Etheridge, as executrix of the Estate of James L. Etheridge, deceased v. DVA Healthcare Renal Care d/b/a Demopolis Dialysis, et al.

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REL: 02/17/2017 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, 2016-2017 ____________________ 1151339 ____________________ Linda Etheridge, as executrix of the Estate of James L. Etheridge, deceased v. DVA Healthcare Renal Care d/b/a Demopolis Dialysis, et al. Appeal from Marengo Circuit Court (CV-15-900036) STUART, Justice. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(E), Ala. R. App. P. Bolin, Parker, Shaw, and Main, JJ., concur. 1151339 Murdock, Wise, and Bryan, JJ., dissent. 2 1151339 WISE, JUSTICE (dissenting). I respectfully dissent for the same reasons I dissented in Marvin v. Health Care Authority for Baptist Health, 204 So. 3d 863, 863 (Ala. 2016). 3 1151339 BRYAN, Justice (dissenting). For the reasons explained in my dissent in Northstar Anesthesia of Alabama, LLC v. Noble, [Ms. 1141158, July 8, 2016] ___ So. 3d ___, ___ (Ala. 2016) (Bryan, J., dissenting), I respectfully dissent. 4

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