D & E Investments, L.L.C., d/b/a Kiva Dunes v. Thomas W. Singleton

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REL: 09/12/08 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS SPECIAL TERM, 2008 _________________________ 2051014 _________________________ D & E Investments, L.L.C., d/b/a Kiva Dunes v. Thomas W. Singleton Appeal from Mobile Circuit Court (CV-04-2688) After Remand from the Supreme Court of Alabama BRYAN, Judge. The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Singleton, [Ms. 1061730, July 25, 2008] ___ So. 2d ___ (Ala. 2051014 2008). The sole issue raised on appeal by D & E Investments, L.L.C., d/b/a Kiva Dunes ("Kiva Dunes"), was whether Thomas W. Singleton provided proper notice of his workplace accident to Kiva Dunes. In our prior judgment, this court reversed the trial court's judgment finding that Singleton had provided proper notice to Kiva Dunes. D & E Invs., L.L.C. v. Singleton, [Ms. 2051014, August 24, 2007] ___ So. 2d ___ (Ala. Civ. App. 2007). Because the supreme court has concluded that the trial court did not err in finding that proper notice had been given to Kiva Dunes, and because the issue of notice was the only issue raised on appeal, we affirm the judgment of the trial court. AFFIRMED. Thompson, P.J., and Pittman, Thomas, and Moore, JJ., concur. 2

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