
    Ex parte GOODYEAR TIRE & RUBBER COMPANY. (In re Goodyear Tire & Rubber Company v. David Rowland).
    1012180.
    Supreme Court of Alabama.
    Jan. 24, 2003.
    
      Howard B. Warren and Jason E. Knowles of Turnbach & Warren, P.C., Gadsden, for petitioner.
    Jack W. Torbert of Torbert & Torbert, P.A., Gadsden, for respondent.
   JOHNSTONE, Justice.

WRIT DENIED. NO OPINION.

MOORE, C.J., and LYONS and WOODALL, JJ., concur.

HOUSTON, J., concurs specially.

HOUSTON, Justice

(concurring specially).

I concur. This Court does not have jurisdiction to decide whether David Rowland was receiving disability benefits from Goodyear Tire & Rubber Company, which Goodyear could then offset against Rowland’s workers’ compensation benefits. See Etheredge v. Genie Indus., Inc., 632 So.2d 1324, 1325 (Ala.1994); Horton v. Horton, 822 So.2d 431, 434 (Ala.Civ.App.2001); Rule 39(a)(1) and (d)(5)(c), Ala. R.App. P.  