Opinion

Alabama Department of Corrections v. Merritt

74 So. 3d 1
2010 Ala. Civ. App. LEXIS 291
2010 WL 4034863

Court: Court of Civil Appeals of Alabama
Filed: Oct 15, 2010
Status: Published
Author: Bryan
On the bench: Bryan, Moore, Pittman, Thomas, Thompson
Cited by: 2 cases

Reversed on other grounds by Ex Parte Alabama Department of Corrections, 1100129 (Ala. 5-13-2011), 74 So. 3d 25 (2011)

The opinion

BRYAN, Judge,

concurring specially.

I join Judge Thomas’s special concurrence. As I wrote in my special concurrence in Petty v. Allen, [Ms. 2080875, June 25, 2010] — So.3d —, — (Ala.Civ.App.2010), “I am obligated to apply [§ 14-8-6, Ala.Code 1975,] as the legislature wrote it, regardless of whether I agree with it. To do otherwise would be to substitute my opinion for that of the legislature.”

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