Opinion

United Council of Loxley, Inc. v. City of Loxley

  • 489 So. 2d 538
  • 1986 Ala. LEXIS 3543
Court
Supreme Court of Alabama
Filed
Apr 25, 1986
Status
Published
Author
Almon
On the bench
Almon, Torbert, Maddox, Jones, Beatty
Cited by
0 cases

The opinion

ON APPLICATION FOR REHEARING

ALMON, Justice.

Griffin, Miller, and Ryals filed a motion to dismiss them as parties defendant because they “should not be made individually liable for the actions noted in the complaint.” The application for rehearing points out that the trial court granted this motion by docket entry on April 11, 1984. The order mentioned in footnote 1 of the opinion, granting Middleton, Fincher, and Valenti’s motion to dismiss, was entered on March 26, 1984, and stated that they were dismissed in their individual capacities. We construe the docket entry of April 11 as effective only to dismiss Ryals in his individual capacity because he “should not be made individually liable,” and not to dismiss the three movants in their official capacities. Because the appeal does not address the propriety of this order or present the question of Ryals’s individual liability, this clarification does not affect the substance of the decision rendered by this Court. The other arguments in the application for rehearing were properly answered in the opinion and are not well taken.

OPINION EXTENDED; APPLICATION OVERRULED.

TORBERT, C.J., and MADDOX, JONES and BEATTY, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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