Opinion
The opinion
HEFLIN, Chief Justice
(concurring):
In following prior decisions, the court has decided this case on technicalities rather than on the merits of the case. I reluctantly concur, but reaffirm the views that I expressed in my concurring opinion in Midstate Homes v. Roberts, et al., 288 Ala. 86 , 257 So.2d 333 .
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