
    In re Clifton HARDY v. John TABOR, Jr. Ex parte Clifton Hardy.
    78-224.
    Supreme Court of Alabama.
    April 6, 1979.
    James M. Gaines, Huntsville, for petitioner.
    Audrey L. Roberts, Huntsville, for respondent.
   MADDOX, Justice.

AFFIRMED; MOTION TO STRIKE A FRIVOLOUS APPEAL AND FOR DAMAGES DENIED.

TORBERT, C: J., and FAULKNER, AL-MON, EMBRY and BEATTY, JJ., concur.

BLOODWORTH, J., concurs specially.

JONES and SHORES, JJ., dissent.

BLOODWORTH, Justice

(concurring specially.)

I concur in the opinion of Justice Maddox to affirm because in this case plaintiff-ap-pellee amended his demand after appeal de novo. If plaintiff had not amended, I would hold defendant-appellant had a right to dismiss.  