
    STATE of Alabama, ex rel. John Paul DeCARLO, District Attorney for the Tenth Judicial Circuit of Alabama v. PLEASURE BOOKS EAST, INC., a Corporation.
    83-400.
    Supreme Court of Alabama.
    June 28, 1985.
    John Paul DeCarlo, Birmingham, pro se.
    Ferris S. Ritchey, Jr., Ritchey & Ritchey, Birmingham, for appellee.
    
      
      . The Court notes that while this appeal was pending, District Attorney DeCario’s term expired and he was succeeded by David Barber. See Rule 43(b), A.R.A.P.
    
   PER CURIAM.

This case is affirmed on the authority of State ex rel. DeCarlo v. Tomkat, Inc., 469 So.2d 577 (Ala.1985). The trial court found in this case that although lewd conduct had previously taken place on defendant’s premises, defendant had taken steps some four months prior to the preliminary hearing which effectively ended the conduct which would otherwise have constituted an abatable nuisance. Cf. College Art Theaters, Inc. v. State ex rel. DeCarlo, 476 So.2d 40 (Ala.1985).

AFFIRMED.

FAULKNER, ALMON, EMBRY, BEAT-TY and ADAMS, JJ., concur.  