MADDOX, Justice.
The Court of Civil Appeals, on July 24, 1998, affirmed the judgment of the trial court, without opinion. Cruthirds v. SCI Alabama Funeral Services, Inc. (No. 2970641) ___ So.2d ___ (Ala.Civ.App. 1998) (table). We granted certiorari review. The legal issue presented in this case is the same as that presented in Ex parte Lacoste,
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