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SPIVEY v. FIRST COMMERCIAL BANK

1930164.

681 So.2d 120 (1995)

Curtis T. SPIVEY III and Sheryl H. Spivey v. FIRST COMMERCIAL BANK.

Supreme Court of Alabama.

April 28, 1995.

Attorney(s) appearing for the Case

Perryn Godbee Carrol of Boardman, Tyra & Godbee, P.C., Birmingham, for appellants.

Roderick K. Nelson and T. Samuel Duck of Lamar, Nelson & Miller, P.C., Birmingham, and Rodney A. Max of Najjar Denaburg, P.C., Birmingham, for appellee.

On Rehearing Ex Mero Motu

SHORES, Justice.

This Court's order of June 24, 1994, affirming the judgment, without opinion, and its July 29, 1994, order denying rehearing, are withdrawn.

Curtis T. Spivey III and his wife Sheryl H. Spivey appeal from a judgment based on a jury verdict for First Commercial Bank on the Spiveys' fraud claim and based on the jury's determination that the entire balance of the promissory note was subject to a mortgage...

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