# Ex Parte the Boc Group, Inc.

> Supreme Court of Alabama · November 2, 2001 · 823 So. 2d 1270

URL: https://www.frixlaw.com/law-library/cases/9932075

## Case

- **Full name:** Ex Parte the Boc Group, Inc. (In Re: National Metals, Inc. v. the Boc Group, Inc.)
- **Court:** Supreme Court of Alabama
- **Decided:** November 2, 2001
- **Citations:** 823 So. 2d 1270; 2001 Ala. LEXIS 397; 2001 WL 1346503
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnstone
- **Judges:** Houston, Johnstone
- **Cited by:** 185 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9932075

## Opinion text

Because the main opinion relies on Ex parte Speedee Cash of Alabama, Inc ., 806 So.2d 389 (Ala. 2001), and because I disagree with Speedee Cash , I concur only in the result of the main opinion. As a member of the Houston division of this Court, I did not participate in Speedee Cash , which was a See division decision. I do not agree that the competing class actions in Speedee Cash were similar or substantially similar. In Speedee Cash the relief at issue in the first-filed class action was extremely limited, and the relief at issue in the second-filed class action was comprehensive. Therefore, the Speedee Cash decision to stay the second-filed class action during the pendency of the first-filed class action unjustly stymied the putative class plaintiffs in the second-filed class action. As only three Justices concurred in the holdings and rationale of Speedee Cash , it is not binding precedent. We should avoid reinforcing it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9932075. Public record. Not legal advice.