City of Gulf Shores v. Harbert Int'l

In City of Gulf Shores v. Harbert Int'l, 608 So. 2d 348 (Ala. 1992), the trial court excused a veniremember for cause, on the basis that he was a citizen of Gulf Shores, which was the plaintiff in that case. We held that the action by the trial court was clearly error under 12-16-3, Ala. Code 1975, but we declined to reverse because of that error. Instead, we stated: "Gulf Shores has not shown this Court how the excused veniremember's being excused for cause 'has probably injuriously affected substantial rights of the parties.' Rule 45, Ala. R. App. P. Gulf Shores was not denied 'a list containing the names of at least 24 competent jurors' nor the opportunity of 'alternately striking one from the list until twelve remain, the party demanding the jury commencing.' Rule 47(b), Ala. R. Civ. P.; and see, Rosenbush Feed Co. v. Garrison, 251 Ala. 245, 37 So. 2d 106 (1948), and 12-16-140, Ala. Code 1975. We find no error in regard to this issue." (608 So. 2d at 355.)