The opinion
I respectfully dissent from that portion of the majority opinion which holds that the decision of our supreme court in Ex parte St. Regis Corp. , 535 So.2d 160 (Ala. 1988), is applicable to the case sub judice.
The majority states that, since this case is in the so-called "pipe line," i.e., within our appellate structure, a decision of our supreme court which was announced some seven months after judgment in the case sub judice should be applied here. I disagree.
I am unable, or perhaps unwilling at this point and in this case, to find a trial court in error when it correctly applied well-established case law at the time it rendered its judgment. I would hold that Ex parte St. Regis Corp.
did not apply to the case presently before us. I would affirm the trial court judgment as to all matters raised in the appeal in this case.